Chapter IV - The Executive Power        Section I - The Cabinet Article 123 The Council of Ministers shall have control over the departments of the State. It shall formulate the general policy of the Government, pursues its execution and supervise the conduct of work in Government departments. Article 124 A law shall determine the remuneration of the Prime Minister and the Ministers. All other provisions regarding Ministers shall apply to the Prime Minister unless otherwise stated. Article 125 A Minister shall satisfy the qualifications laid down in Article 82 of this Constitution. Article 126 Before assuming office, the Prime Minister and Ministers shall take before the Amir the Oath specified in Article 91 of this Constitution. Article 127 The Prime Minister shall preside over the meetings of the Council of Ministers and supervise the co-ordination of work among the various ministries. Article 128 Deliberations of the Council of Ministers shall be secret. Resolutions shall be passed only when the majority of its members are present and with the approval of the majority of those present. In case of an equal division of votes, the side on which the Prime Minister has voted shall prevail. Unless they resign, the minority shall abide by the opinion of the majority. Resolutions of the Council of Ministers shall be submitted to the Amir for approval in cases where the issue of a decree is required. Article 129 The resignation of the Prime Minister or his removal from office shall involve the resignation or removal of all other Ministers. Article 130 Every Minister shall supervise the affairs of his ministry and shall execute therein the general policy of the Government. He shall also formulate directives for the ministry and supervise their execution. Article 131 While in office, a Minister shall not hold any other public office or practice, even indirectly, any profession, or undertake any industrial, commercial, or financial business. Further, he shall not participate in any concession granted by the Government or by public bodies or cumulate the ministerial post with membership of the board of directors of any company. Further, during the said period, a Minister shall not buy or take on hire any property of the State even by public auction, nor shall he let, sell or barter any of his property to the Government. Article 132 A special law shall define the offences which may be committed by Ministers in the performance of their duties, and shall specify the procedure for their indictment and trial and the competent authority for the said trial, without affecting the application of other laws to their ordinary acts or offences and to the civil liability arising there from. Article 133 Law shall regulate general and municipal self-governing bodies in such a way as to ensure their independence under the direction and supervision of the Government. Section II - Financial Affairs Article 134 No general tax may be established, amended, or abolished except by a law. No one may be exempted, wholly or partially, from the payment of such taxes except in the cases specified by law. No one may be required to pay any other tax, fee, or imposition except within the limits of law. Article 135 Law shall prescribe rules for the collection of public funds and the procedure for their expenditure. Article 136 Public loans shall be concluded by a law. The Government may grant or guarantee a loan by a law, or within the limits of the funds appropriated for the said purpose in the budget. Article 137 General and Local Self-governing Bodies may grant or guarantee loans according to law. Article 138 Law shall lay down rules for the protection of State properties, their administration, the conditions of their disposal, and the limits within which any of these properties may be relinquished. Article 139 The financial year shall be fixed by law. Article 140 The Government shall draw up the annual budget, comprising the revenue and expenditure of the State, and submits it to the National Assembly for examination and approval at least two months before the end of each current financial year. Article 141 The budget shall be discussed in the National Assembly part by part. None of the public revenues may be allocated for a specific purpose except by law. Article 142 Law may appropriate specific funds for more than one year if the nature of the expenditure so requires, provided that each budget shall include the funds allocated for that year, or alternatively, an extraordinary budget covering more than one financial year shall be drawn up. Article 143 The budget law may not include any provisions establishing a new tax, increasing an existing tax, amending an existing law, or evading the issue of a special law on a matter in respect of which the Constitution provides that a law should be issued. Article 144 The budget shall be issued by a law. Article 145 If the budget law has not been promulgated before the beginning of the financial year, the preceding budget shall be applied until the new one is issued and revenues shall be collected and disbursements made in accordance with laws in force at the end of the preceding year. However, if the National Assembly has approved one or more parts of the new budget, they shall be put into effect. Article 146 Any expenditure not included in the budget, or in excess of the budget appropriations, as well as the transfer of any fund from one part of the budget to another, shall be effected by law. Article 147 In no case shall the maximum estimate of expenditure, included in the budget law or the laws amending it, be exceeded. Article 148 Law shall specify the general budgets, both independent and annexed, to which the provisions regarding the budget of the State shall be applied. Article 149 The final accounts of the financial administration of the State for the preceding year shall be submitted, within four months following the end of the said year, to the National Assembly for consideration and approval. Article 150 The government shall submit to the National Assembly, at least once during each ordinary session, a statement upon the financial position of the State. Article 151 A financial control and audit commission shall be established by a law, which shall ensure its independence. The commission shall be attached to the National Assembly and shall assist the Government and the National Assembly in controlling the collection of the State revenues and the disbursement of its expenditures within the limits of the budget. The commission shall submit to both the Government and the National Assembly an annual report on its activities and its observations. Article 152 No concession for exploitation of either a natural resource or a public service may be granted except by a law and for a limited period. In this respect, the preparatory measures shall facilitate the operations of prospecting and exploration and ensure publicity and competition. Article 153 No monopoly shall be granted except by a law and for a limited period. Article 154 Law shall regulate currency and banking and determine standards, weights, and measures. Article 155 Law shall regulate salaries, pensions, compensation, subsidies, and gratuities which are a charge on the State treasury. Article 156 Law shall lay down provisions relating to the budgets and the final accounts of local bodies and authorities which have a public legal personality. Section III - Military Affairs Article 157 Peace is the aim of the State, and the safeguard of the integrity of the Country, which is part of the integrity of the Greater Arab World, is a trust devolving upon every citizen. Article 158 Military service shall be regulated by law. Article 159 The State alone shall establish armed forces and public security bodies and that in accordance with law. Article 160 Mobilization, general or partial, shall be regulated by law. Article 161 A Supreme Defense Council shall be set up to conduct affairs relating to defense, to the safeguard of the integrity of the Country, and to the supervision of the armed forces, in accordance with law.                                             Back to Main