(2024) 12:23
Frost Comparative Migration Studies
https://doi.org/10.1186/s40878-024-00375-2
Comparative Migration Studies
Open Access
ORIGINAL ARTICLE
Ambiguous citizenship policies: Examining
implementation gaps across levels of legislation
in Jordan
Lillian Frost1*
*Correspondence:
lfrost@vt.edu
Abstract
Despite the prevalence of ambiguous citizenship policies that say one thing in law
and another in implementing regulations, few studies have focused on systematically studying this type of implementation gap, particularly in contexts beyond North
America and Europe. This largely has remained the case despite research on discursive
policy gaps, which occur between a policy’s stated objectives and its laws, efficacy
gaps, which describe when a policy’s outcomes fail to meet its goals, and compliance
gaps, which reflect disparities between a state’s commitments to international law
and its corresponding domestic policies. How can we advance conceptualizations
of law-regulation implementation gaps? This paper proposes one approach by focusing on the content of domestic laws, on the one hand, and the content of related
implementing regulations, on the other. When law-regulation discrepancies occur, they
illustrate the agency of senior officials in writing this intentional ambiguity into different
levels of legislation, challenging assumptions about institutional weakness and lowerlevel bureaucratic discretion as chief drivers of implementation gaps. The paper illustrates this concept by analyzing discrepancies between Jordan’s nationality and passports laws and their related implementing regulations, particularly regarding Gaza
refugees’ access to passports, investors’ access to nationality, and Palestinian-Jordanians’
subjection to nationality withdrawals. These diverse cases of intentional ambiguity
demonstrate that such gaps can serve to partially exclude or include a group and can
occur with noncitizen and citizen as well as more or less vulnerable groups.
1
Political Science, Virginia Tech,
531 Major Williams Hall (0130),
220 Stanger Street, Blacksburg,
VA 24061, USA
Introduction
Sitting in a crowded office, a Jordanian journalist glanced over stacks of papers as he
explained a prominent legal concern in Jordan: “the regulations depend on ministers…
You do not need parliament to release new regulations…How can people defend themselves because it is regulations ( )تعليماتnot a law (”?)قانون1 Government officials also are
aware of this discrepancy between laws and implementing regulations. As a former minister explained: “The regulations, ()التعليمات,2 have become more important than the law
1
Author interview with a Jordanian journalist (MD49), February 2017. Hereafter, I simply cite the anonymized individual and interview timing. The author conducted all interviews.
2
I include terms in Arabic when they clarify the concept for an Arabic speaker.
© The Author(s) 2024. Open Access This article is licensed under a Creative Commons Attribution 4.0 International License, which permits
use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original
author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third
party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or
exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://
creativecommons.org/licenses/by/4.0/.