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Public Freedoms in the Jordanian Constitution: Rhetorics and Realities Khair Bani Doumi M* Arab Open University, Jordan

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Public Freedoms in the Jordanian Constitution: Rhetorics and Realities Khair Bani Doumi M* Arab Open University, Jordan un omm ica C tio Doumi, J Mass Communicat Journalism 2018, 8:4 s n s a & J DOI: 10.4172/2165-7912.1000384 M o f u o Journal of r l n a a n l r i s u m o J ISSN: 2165-7912 Mass Communication & Journalism Research Article OpenOpen Access Access Public Freedoms in the Jordanian Constitution: Rhetorics and Realities Khair Bani Doumi M* Arab Open University, Jordan Abstract This research addresses the issue of public freedoms in the Jordanian constitution by identifying public freedoms concepts, reviewing the types of public freedoms in the world, and tracing the state of public freedoms in Jordan through constitutional texts and practical application. The study has employed the descriptive, analytical, and legal approaches. The findings revealed several conclusions,. First, the 1952 Constitution, which is currently in force, contains a range of civil and political rights for Jordanian citizens. Second, this Constitution has been reinforced by a series of legislation regulating the exercise of these rights and duties of the state to ensure the enjoyment of them. More importantly, practices on the ground shows a huge difference between theory and the reality of public freedoms in Jordan, specially with regards to media. This requires ensuring that the provisions of the Constitution are highly considered by all authorities to guarantee public freedoms. Keywords: Constitution; Jordan; Public freedoms; Human rights on the relationship between the constitution and public freedoms. This topic touches on the ambiguity and multiple interpretations of Introduction the nature of this relationship. Among those who see the absence of The concepts of public freedoms began to emerge in the seventeenth the relationship between the constitution and public freedoms, on the century in the western part of the European continent, and they were basis that the significance lies in the actual pratice on ground. This is widely used in the eighteenth and nineteenth centuries. The following why we believe that there is a close relationship between the provisions decades and years saw great interest in public freedoms. They were of the Constitution and public freedoms. This study seeks to answer referred to in the American and French declarations, or constitutions, the following main question: What is the reality of public freedoms in as an essential part of human rights, as well as the establishment of Jordan, in light of the constitutional texts and practices? And the minor national and international institutions concerned with public freedoms. research questions are summarized as follows: In the twentieth century, public freedoms and related concepts • What are public freedom concepts and how have they evolved over and institutions became the motto of the stage. Public freedoms time? have evolved so much that the way the state treats its citizens is no longer an internal matter of the state alone. Based on the traditional • Are constitutional provisions sufficient to provide an enabling and understanding of the concept of national sovereignty that prevailed encouraging environment to ensure respect public freedoms? until the middle of the last century, public freedoms became a global • What is the reality of public freedoms in Jordan in light of the reports affair for the entire international community, as these freedoms are an of national and international human rights organizations? integral part of human rights, a prerequisite for human development, and a cornerstone of democracy as there is a close link between public This study comes to explore the status public freedoms in the freedoms and democracy. Jordanian constitutions, especially in the 1952 Constitution that is currently in force, and the reality of these freedoms in terms of actual In the Arab world, popular and official interest in public freedoms practice and practical application. The practice on ground is the measure began after the second half of the twentieth century. The Arab in governance regardless of constitutional texts or legal legislation. constitutions that emerged during that period reflected the concern for public freedoms. Many Arab constitutions stipulated respect for Types of public freedoms public freedoms [1]. The popular interest in public freedoms in Jordan has appeared since the beginning of the Jordanian state. Popular There is a long list of basic rights and freedoms enshrined in the demands and movements reflect this concern. However, the Jordanian declarations, constitutions, and ordinary legislations issued in various constitutions of 1928 and 1946 did not clearly state the concepts public countries of the world. First, there are the traditional public freedoms freedoms freedoms. While the Constitution that was passed in 1952, in which states refrain from being exposed to individuals as long as they that is still valid today, came ahead of the previous constitutions, and represent legal centers through which individuals exercise their own included directly and explicitly the concepts of public freedoms in characteristics in order to satisfy their own needs. These freedoms are its texts. The Constitution is considered the supreme law of the state, which defines the relationship between the state and the citizens, thus constitutes the guarantee of the protection and respect public freedoms. *Corresponding author: Khair Bani Doumi M, Arab Open University, Jordan, However, the reality of the situation in Jordan reveals a huge gap Tel: +962 6 563 0630; E-mail: [email protected] between theoretical rhetorics and practices. Received May 09, 2018; Accepted August 09, 2018; Published August 16, 2018 This study aims at identifying public freedoms in the Jordanian Citation: Doumi MKB (2018) Public Freedoms in the Jordanian Constitution: constitution, especially in the 1952 Constitution that is currently in Rhetorics and Realities. J Mass Communicat Journalism 8: 384. doi: 10.4172/2165-7912.1000384 force, and the reality of these freedoms in terms of actual practice and practical application. The real practice on ground is the measure in Copyright: © 2018 Doumi MKB. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted governance, regardless of constitutional texts or legal legislations. The use, distribution, and reproduction in any medium, provided the original author and importance of this study stems from the absence of clear scientific studies source are credited. J Mass Communicat Journalism, an open access journal Volume 8 • Issue 4 • 1000384 ISSN: 2165-7912 Citation: Doumi MKB (2018) Public Freedoms in the Jordanian Constitution: Rhetorics and Realities. J Mass Communicat Journalism 8: 384. doi: 10.4172/2165-7912.1000384 Page 2 of 8 basically the list of citizens’ rights in the constitutions and declarations ● Third: The principle of the incorporation of legal rules: It is of rights that began to appear since the late 18th century. On the other established that the rules in the legal system of the state are not in a hand, there are economic and social freedoms, where the state does single rank in terms of their strength and legal value. These rules are not stand in the face of these freedoms. This is a group of freedoms ranked so that some of them are higher and stronger than others. that have become prominent in the list of public freedoms since the This requires that the rule be subordinated to form and substance. end of the First World War because of the evolution of the idea of Thus making the constitution at the top of these laws. freedom from being just an idea aimed at breaking the barriers to an ● Fourth: the supervision of the constitutionality of laws: they idea that promotes the development of human dignity; all because of are carried out by political supervision or judicial control, each the interdependence between the idea of political democracy and social working to ascertain the compatibility of legislative and executive and economic democracy [2]. work with the provisions and principles of the Constitution, as the In general, public freedoms can be divided into two main parts: lack of conformity means the abolition of the law did not match the provisions of the Constitution. • Civil and political freedoms. ● Fifth: Judicial control over the work of the administration: • Intellectual freedoms It shall be through the control of a judicial body or the so- • Economic, social and cultural freedoms. called administrative judiciary, which monitors the work of the administration and the extent of their conformity with the law [3]. A quick review of these freedoms follows: 1. Civil and Political Freedoms:These include: Literature Review • Freedom of housing Despite the paucity of previous studies that dealt with the relationship between the Constitution and public freedoms in Jordan • Freedom of communication and correspondence Freedom of directly or indirectly, there are a number of studies that tried to approach movement. the content and objectives of this study. Azzam [4] conucted a study 2. Intellectual freedoms include: aiming to identify the state of public freedoms in the constitutions of the Arab countries, based on the tragic situation of public freedoms in • Freedom of belief and religion the Arab world. Public freedoms in the Arab world are in a deplorable state, where strict control of freedom of opinion and expression and • Freedom of opinion assembly. The Arab states follow the system of the modern state in terms • Freedom of assembly and association. of form and organization, but do not translate the values of the modern state governed by the law or the rule of law in their constitutions, which 3. Economic, social, and cultural freedoms: regulate the relationship of individuals with the state and authority. • Freedom of learning The study shows that the guarantees of respect for public freedoms in the Arab countries are not applied, despite the inclusion of provisions • Freedom of labor regarding public freedoms within Arab constitutions. • Freedom of trade and industry In another study, Bani Salameh and Samid [5] aimed to address the • Freedom of Ownership.
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