International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

The Constitutionality of the Jordanian Prevention of Crimes Act No. 7 For the year 1954
Dr. Ahmed Refaie

One of the most significant constitutional principles is the separation of powers. This principle is one of the most important elements of the legal state which means that the Constitution determines the powers of each authority and that these powers cannot be infringed by another authority. Given the wide range and scope of the state activity, where the responsibilities of the governor increased after the state was a guard of public security and public safety, and turned into an interventionist state and then a productive state. Therefore, powers and competences had to be distributed across the authorities within the State, and this separation of powers must not be an absolute separation, but rather the flexibility that would allow for cooperation between the authorities. By examining the Prevention of Crimes Act, the researcher found that it contains many articles which violates the Separation of Powers Principle, where it was noted that there is an infringement of the administrative governors on powers and competences of the judiciary. Therefore, the executive authority should not apply this Act and not be dragged behind the legislature in violation of the Constitution. This study sheds the light on the constitutionality of this law and concludes with some recommendations.

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