Constitutional protection of national security/a study in light of the Jordanian Constitution

In 2022, amendments to the Jordanian Constitution established the National Security Council as a specialized body concerned with higher affairs related to security, defense, and foreign policy. This development prompted debate regarding the potential overlap between the Council’s powers and those of the Council of Ministers, which the Constitution assigns responsibility for maintaining public order in all its aspects. Adopting a descriptive and analytical approach, this study examines the constitutional and legal framework governing national security institutions in Jordan and clarifies the scope of authority of each. The study concludes that the National Security Council is a constitutional executive body whose powers were originally vested in the Council of Ministers and were subsequently reassigned through constitutional amendment, thereby negating the existence of a direct constitutional conflict between the two bodies. However, the study identifies ambiguity within the legal framework concerning the precise delineation of responsibilities between them. Accordingly, the study recommends clarifying the legal framework regulating the National Security Council, particularly with respect to explicitly determining its presidency and defining its role in matters related to the activation of the Defense Law or the declaration of martial law, which constitutionally remain within the jurisdiction of the Council of Ministers.