The Reality of Legislative Authority in The Palestinian Political System

Abstract

Purpose: The study aimed to identify the legal foundations from which the Palestinian Legislative Council emerged, and to highlight the features of the Palestinian political system by tracing the path of the legislative authority since its inception until the decision to dissolve it in 2018. The aim was to identify the nature of this political system, determine its position among the major global political systems, and the extent of its consistency with the parliamentary and democratic principles approved by the Palestinian Basic Law of 2003 and its amendments. Methodology: The researcher used the descriptive and analytical approach in the study, describing the apparent situation regarding the mechanism and political circumstances through which the Palestinian Legislative Council emerged in light of the legislative elections and after the Supreme Constitutional Court’s decision No. (10) of 2018 regarding its dissolution, while analyzing the relevant legislative texts. Findings: The study concluded that the Palestinian Legislative Council has been suspended since 2007, and the Supreme Constitutional Court issued decision No. (10) of 2018 to dissolve it and call for legislative elections within a period of 6 months, which have not yet been held. Moreover, the Amended Palestinian Basic Law of 2003 was drafted by the Legislative Council and, therefore, was not drafted using the methods followed for drafting constitutions. Therefore, it cannot be considered a constitution. Furthermore, the Palestinian constitutional system cannot be considered a representative democratic system. It is neither a traditional parliamentary system, nor a presidential one, nor a semi-presidential one, but it is close to one. It is also undemocratic, as is clearly demonstrated by the issue of elections. Recommendations: The study recommends the need to strengthen dialogue between Palestinian factions and to work diligently to draft a constitution through consensus or agreement, based on the principles followed in constitution-making. This constitution should clearly define the nature of government, avoiding the ambiguity inherent in the Palestinian Basic Law, which, according to constitutional jurisprudence, does not constitute a constitution. It also calls for immediate presidential and legislative elections in accordance with a fair electoral law that promotes the principles of democracy.