Revised third draft.
Translation by Nathan J. Brown on behalf of Palestinian Center for Policy and Survey Research. Brown’s translation is made available with his comments: http://www.pcpsr.org/domestic/2003/nbrowne.pdf. For the sake of readability, the text is here rendered without his comments. For more publications by Brown, see: http://home.gwu.edu/~nbrown/
4 May 2003
Chapter One: General Foundations of the State
Palestine is an independent, sovereign state with a republican system. Its territory is an indivisible unit within its borders on the eve of June 4, 1967 and its territorial waters, without prejudice to the rights guaranteed by the international resolutions related to Palestine. All residents of this territory shall be subject to Palestinian law exclusively.
Palestine is part of the Arab homeland. The state of Palestine abides by the Charter of the League of Arab States. The Palestinian people are part of the Arab and Islamic nations. Arab unity is a goal. The Palestinian people work on behalf of its realization.
Palestine is a peace loving state that condemns terror, occupation and aggression. It calls for the resolution of international and regional problems by peaceful means. It abides by the Charter of the United Nations.
Jerusalem is the capital of the state of Palestine and seat of its public authorities.
Arabic is the official language and Islam is the official religion in Palestine. Christianity and all other monotheistic religions are accorded sanctity and respect. The constitution guarantees equality in rights and duties to all citizens irrespective of their religious creed.
The Palestinian flag, motto, seals, emblems, and national anthem shall be defined by law.
The principles of the Islamic shari`a are a main source for legislation. The followers of the monotheistic religions and shall have their personal status and religious affairs organized according to their shari‘as and religious denominations within the framework of [positive] law, while preserving the unity and independence of the Palestinian people.
The Palestinian political system shall be a parliamentary representative democracy. It shall be based on political pluralism and the guarantee of the rights and freedoms of all citizens. These include the right to form political parties and engage in political activity without discrimination on the basis of political opinions, sex, or religion. Parties shall abide by the principles of national sovereignty, democracy and peaceful transfer of authority in accordance with the Constitution.
Rule of law and justice shall be the basis of governance. All authorities, agencies, departments, institutions and individuals shall abide by the law.
All activities of the Palestinian public authorities shall, in normal and exceptional circumstances, be subject to administrative, political, legal and judicial review and oversight. There shall be no provision of law which grants immunity to any administrative action or decision from judicial supervision. The state shall be bound to compensate for damages connected to errors and dangers resulting from actions and measures carried out by state officials in the pursuit of their duties.
The independence and immunity of the judiciary are fundamental guarantees of rights and liberties. No public or private individual shall be immune from submitting to the law and executing judicial rulings. The law shall punish infringement on the dignity of the judiciary.
Palestinian nationality shall be regulated by law, without prejudice to the rights of anyone who legally acquired it prior to May 10, 1948 or the right of any Palestinian who resided in Palestine prior to this date and fled, was forced to immigrate, or prevented from returning thereto. This right passes on from fathers or mothers to their offspring. It does not cease or lapse unless voluntarily relinquished in the manner prescribed by law. A Palestinian cannot be deprived of his nationality. The acquisition and relinquishment of Palestinian nationality and the rights and duties of those with multiple citizenship shall be regulated by law.
Palestinians who were expelled or emigrated from Palestine as a result of the 1948 war, and who were denied return thereto shall have the right to return to the Palestinian state and bear its nationality. The right is permanent and cannot expire. The state of Palestine shall strive to implement the legitimate right of Palestinian refugees to return to their homes and to compensation, through negotiations, political, and judicial channels, in accordance with United Nations General Assembly Resolution 194 of 1948 and the principles of international law.
Natural resources, archaeological remains, and historical sites in the state of Palestine are the property of the Palestinian people. The state shall preserve them. The law shall regulate their optimal use.
The state strives to realize a clean, balanced environment. Preservation of the Palestinian environment shall be the duty of the state and the society. Whoever damages it shall be subject to the penalty of law.
The economic system in Palestine shall be based on the principles of a free economy, and the protection of free economic activity within the context of legitimate competition. The state may establish public companies to be regulated by law, without prejudice to the principles of a free economy and in accordance with the interest of the Palestinian people.
The state shall strive to promote social, economic and cultural growth and scientific development of the Palestinian people while giving consideration to social justice and providing special protection to the group of those who suffered during the struggle to realize the Palestinian national project and establish an independent state of Palestine.
The state of Palestine shall abide by the Universal Declaration of Human Rights and shall seek to join other international covenants and charters that safeguard human rights.
Chapter Two: Public Rights, Freedoms and Duties
All Palestinians are equal before the law. They enjoy civil and political rights and bear public duties without difference or discrimination, regardless of race, gender, color, religion, political opinion, or disability. The term ‘Palestinian’ or ‘citizen’ wherever it appears in the constitution refers to male and female.
Human rights and fundamental freedoms are binding and must be respected. The state shall guarantee religious, civil, political, economic, social, and cultural rights and freedoms to all citizens and their enjoyment on the principle of equality and equal opportunity. A person may not be deprived of his rights, fundamental, or legal competence for political reasons.
Every Palestinian who has reached the age of eighteen years shall have the right to vote in accordance with the provisions stipulated by law. Anyone who bears Palestinian nationality shall have the right to enter his candidacy for the presidency of the republic or for membership in the Representative Council and/or assume a ministerial or judicial position. The law shall regulate the age and other prerequisites for these posts.
Women shall have their own legal personality and independent financial assets. They shall have the same rights, basic freedoms as men as well as the same duties.
Women shall have the right to contribute effectively in social, political, cultural and economic life. The law shall strive to abolish restraints that prevent women from participation in the building of family and society. The constitutional and shari‘a rights of women shall be safeguarded; their violation shall be punishable by law. The law shall also protect their rights to shari‘a inheritance.
Children shall have all the rights guaranteed by the United Nations Convention on the Rights of the Child.
The right to life is safeguarded and to be protected by law.
Every individual has the right to personal safety. It is forbidden to torture a human being, harm him, treat him in an inhumane manner, or subject him to harsh, humiliating, or undignified punishment. Such deeds or contributing to them shall be a crime punishable by law without statute of limitation. Any confession proven to have been obtained under torture or serious threat of it shall not be considered proof of guilt. Anyone carrying out torture, ordering it to be carried out, or participating in it shall be subject to punishment of law.
Scientific or medical experimentation on a person without his prior legal consent is forbidden. It is not permitted to subject someone to medical examination, treatment, or surgery, except in accordance with the law. The law shall govern the transplant of organs, cells and other, new scientific developments, consistent with legitimate, humanitarian purposes.
Every person has the right to freedom and personal safety; it may not be violated, except in cases and according to procedures stipulated by law. It is not permitted to arrest a person or search, imprison, or limit his freedom in any way except by order of a competent judge or the Attorney General in accordance with the law; the measure must be necessary to safeguard the security of the society. He must be informed quickly in a language he understands of the charge against him. From the moment of the measure against him, he has the right to seek assistance from an attorney and he must be brought before the competent judicial authority immediately. The law shall define the conditions and time period for provisional detention. Any person arrested, detained, or imprisoned without legal basis shall be entitled to compensation.
The accused is innocent until proven guilty in a fair trial in which he is granted the guarantees of self-defense either personally or by means of an attorney he chooses in a public trial. The court shall appoint an attorney to defend him without charge if he is unable to afford one.
Detainees and those deprived of liberty shall be treated humanely, preserving their dignity. Care shall be taken in implementing sentences to observe the pronouncements of the United Nations related to the minimal principles for treating prisoners or those being judged. Care shall be taken in the sentencing of minors and in implementing them to do what is appropriate to reform, rehabilitate, and train them.
Citizens shall have the right to choose their place of residence and to travel within the state of Palestine. No person may be denied the right to travel from Palestine except by a judicial order issued in accordance with the law. Likewise a Palestinian may not be deported or prevented from returning to his country. No Palestinian may be extradited to a foreign state.
A political refugee who legally enjoys the right of asylum may not be extradited. The law shall regulate the extradition of those ordinary foreigners accused, in accordance with bilateral agreements or international conventions.
Litigation is a right guaranteed to all by the state. Each individual shall have the right to resort to his natural judge to defend his rights and freedoms, and to receive compensation for a violation thereof. The law shall regulate the procedures for litigation in a manner that ensures a speedy decision of cases without harming the rights of litigants. In the event of a judicial error, the state shall be obligated to compensate the damaged party. The law shall govern the conditions and procedures for compensation.
There shall be no crime or punishment except by law. No sentence shall be implemented except by judicial order. Punishment shall be personal and an individual may not be punished more than once for the same offence. Collective punishment is prohibited. Care shall be taken to observe the principle of appropriateness between crime and punishment. There can be no punishment except for acts committed after a law has come into effect. The law shall regulate, in non-criminal cases, the retroactive effectiveness of laws.
The private life of every person has legal sanctity, including family particularities, residence, confidentiality of correspondence and other means of private communication. It may not be infringed upon except by judicial order and within the limits of the law. Any consequence of the violation of this article is invalid. Whoever is harmed as a result has the right to request compensation.
Freedom of creed is guaranteed and every person has the right to practice the rites of worship in accordance with the provisions of the constitution and the law. The state shall guarantee access to holy places that are subject to its sovereignty within the framework of law. The state shall guarantee to followers of all monotheistic religions the sanctity of their places of religious worship in accordance with the historic commitment of the Palestinian people and the international commitments of the state of Palestine.
Freedom of opinion and its expression in speech, writing, and other means shall be guaranteed within the limits of the law and insofar as to guarantee respect for the rights and freedoms of others.
The founding of newspapers and the ownership of all media is a right for all citizens guaranteed by the constitution. The sources of their funding shall be subject to legal oversight.
Freedom of the media, including press, printing, audio, and visual media, and the freedom of those working in the media, is guaranteed and protected by the constitution and the relevant laws. The media shall freely exercise their mission and express different opinions within the framework of society’s basic values, preserving the rights, freedoms and public duties in a way that does not conflict with the rule of law. The media may not be subject to administrative censorship, nor to suspension or confiscation, except by court order in application of the law.
Journalists and citizens shall have the right to obtain news and information with transparency and responsibility in accordance with the conditions stipulated by law.
Every citizen has the right to defend his rights to intellectual property deriving from any scientific, artistic, or literary work he has produced in a manner that does not contradict the basic values of the society and the rule of law.
Education is a right for the individual and the society. It is compulsory for every citizen until the end of the elementary level. The state shall guarantee it in public schools, institutions, and establishments until the end of the secondary level. The law shall regulate the manner of the state’s supervision of the performance of education and curricula.
Private education shall be free and independent, and the law shall regulate the oversight of the state over its organization and curricula.
The state shall honor the independence of the universities, institutions, and research centers that have a scientific purpose. The law shall regulate oversight over them in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. The state shall, within the bounds of its capabilities, work to encourage, assist and protect them.
The law shall regulate the services of social security, disability and old age pensions, care for families of martyrs, prisoners, orphans, and care for those injured in the national struggle, and those requiring special care. The state shall guarantee them, within the bounds of its capabilities, the services of education, health and social security and shall give them priority in employment opportunities in accordance with the limitations laid down by law.
The state shall organize health insurance as an individual right and a public interest. It shall guarantee, within the boundaries of its capabilities, basic health care for those financially unable.
The state shall strive to guarantee appropriate housing for every citizen by way of a housing policy that relies on the cooperation of the state, the private sector, and the banking system. In circumstances of war or natural disaster, the state shall work within the bounds of its capabilities to provide shelter to the homeless.
The state shall guarantee care for families, motherhood, and childhood. It shall care for adolescents and the youth. The law shall regulate the rights of the child, mother and family in accordance with the provisions of international agreements and the “Charter of the Rights of the Arab Child.” In particular, the state shall seek to provide protection for children from harm, harsh treatment, exploitation, and from any work that would endanger their safety, health and education.
Public property shall be honored and its protection is a duty of each citizen. It shall serve the public interest in accordance with the law. The law shall regulate the authority for religious endowments and management of its properties and funds.
Private property is protected. It may not be confiscated or seized except for the public benefit in accordance with the provisions of the law. In all cases, it is necessary that there be just compensation. The general confiscation of private property is prohibited. The law shall regulate real estate ownership by foreigners.
Work is a right of every citizen, and the state shall strive, with support from the private sector, to provide work opportunities to those able to undertake it through its development plan. The law shall regulate work relations so as to guarantee justice for all parties and provide for the protection and security of workers. The law shall regulate mandatory work in exceptional circumstances and during natural disasters. Workers may form unions and professional associations in the context of work. The right to protest and strike shall be exercised with the framework of law.
Citizens have the right to assume public office, which is a charge for those who undertake it to serve the society. It shall be assumed on the principles of equality, merit, and equal opportunity in accordance with the provisions of law.
Every citizen has the right to express an opinion in referenda, elections, and in nominating himself or others meeting requirements for nominations, in accordance with the stipulations of the constitution and the provisions of law.
Every citizen has the right to contribute to political activities, individually, or collective. Specifically, he has the following rights and freedoms:
- Participation in forming political parties, or joining them, or withdrawing from them in accordance with law.
- Participating in forming syndicates, associations, unions, leagues, assemblies, clubs, or institutions, or joining them, or withdrawing from them in accordance with law.
The law shall regulate the procedures for them to acquire legal personality.
Every individual has the right to hold private meetings in a matter not conflicting with law, and to do so without the presence of the police. Every individual shall have the right to assemble and hold public meetings, and to demonstrate in a peaceful manner without bearing arms. It is not permitted to place restrictions on their exercise except that which is imposed by law and forms necessary measures in a democratic society safeguarding the rights and freedoms stipulated in the constitution. The use of violence during demonstrations is forbidden and its use, or the incitement of its use, shall be held to account under the law.
Every citizen has the right to address public authorities and to present and sign written petitions and complaints.
It is not permitted to suspend any basic rights or freedoms. The law shall define those rights and freedoms that may be limited temporarily in exceptional circumstances in matters related to public security and the purposes of defense of national security. The law shall penalize the arbitrary use of power and authority.
Any violation of the basic general rights and freedoms guaranteed by the constitution or law is a crime, and any criminal or civil case arising shall have no statute of limitation. The state shall guarantee just compensation for those who have been harmed.
An independent public body for rights of the citizens shall be established by law, concerned with monitoring the conditions and rights of citizens and their freedoms. The law shall regulate its formation, responsibilities, and competencies. It shall present its report to the Representative Council, the president of the state, and the prime minister.
The state is responsible for the security of persons and property. It shall work to protect the rights of every citizen internally and abroad.
Defending the nation is sacred duty and serving it is an honor for every citizen. It shall be regulated by law. It is not permitted for individuals and groups to acquire, trade, bear, or possess arms in a manner that is in violation of the provisions of the governing law.
The payment of taxes and public fees is a duty regulated by law.
Chapter Three: Public Authorities
National sovereignty belongs to the people, who are the source of the authorities. They exercise their competencies directly, through referenda and general elections, and through their elected representatives by way of the three public authorities—legislative, executive, and judicial—and by way of their constitutional institutions. No individual or group may claim for itself the right to exercise any of these competencies.
The relationship among the three public authorities shall be based on independence in performing competencies on the basis of the principle of separation, cooperation, and balancing among them. No authority may exercise competencies assigned to another authority according to the provisions of the constitution.
Chapter 3 / Section One: Legislative Branch / Representative Council
The Representative Council shall exercise the legislative authority. It shall establish the general policies of the state and the general budget, which shall be prepared by the Council of Ministers. It shall exercise oversight over the actions of the executive branch in the manner specified by the Constitution.
The Representative Council shall be composed of 150 deputies, representing the Palestinian people. They shall be elected according to the provisions of the constitution and election law. Nomination for membership in the Chamber of Deputies shall be in accordance with the provisions stated in this constitution and in the election law. Whoever runs for the Representative Council must be Palestinian and it is not permitted after his election to hold the citizenship of another state.
Members of the Representative Council are elected for a period of five years. A member maybe be re-elected more than once. It is not permitted to extend the term of the Representative Council except in case of necessity, and by virtue of a law passed by the Representative Council by a two-thirds majority of its total membership.
The seat of the Representative Council shall be in Jerusalem, the capital of the state of Palestine. Its sessions may be held in different locations based on the request of the speaker or a majority of its members.
Before the Representative Council begins undertaking its constitutional duties, and in the first session it holds, the members swear the following oath: “I swear by Almighty God to be faithful to the homeland, to preserve the rights of the people and the nation and its interests, to honor the constitution and the law, and to undertake my duties rightfully, as God is my witness.”
The Representative Council shall elect in its first meeting of every annual session a speaker, two deputies for the speaker, and a secretary-general, composing the Presidium of the Representative Council. It is not permitted for a member of the Presidium of the Council to assume a ministry or any other government position. A member of the Representative Council may assume a ministry provided that the total of deputies serving as ministers in the government is no more than half of the total number of ministers.
The president of the state shall open the regular round of the Representative Council. The beginning of the first regular session of the Representative Council shall not be valid except with the presence of its speaker or whoever legally acts as his deputy and a majority of at least two-thirds of the members of the Representative Council. The meeting shall continue to be legal for the rest of the regular round with the presence of the speaker of the Council or whoever legally acts as his deputy and an absolute majority of the members of the Council.
The Representative Council meets at the invitation of its speaker every year in regular session in two periods, each of them four months. The first begins in the first week of the month of March, and the second in the first week of September. The president of the state may, with the agreement of the prime minister or by a request of at least one-third of all the members of the Representative Council, call the Representative Council to an extraordinary meeting in case of necessity when then Representative Council is not in its regularly scheduled sessions.
The Representative Council shall refer challenges to the validity of the membership of any of its member to the Constitutional Court for decision according to the governing law. Each member who does not fulfill the legal conditions for eligibility for election or who loses them faces revocation of his parliamentary membership. This is enforced by decision of the Representative Council with the approval of two-thirds of all of its members.
If the seat of one or more members of the Representative Council becomes vacant due to death, resignation, or loss of qualifications or abilities at least six months before the end of his term in the Council, an election for a successor will be held in the concerned district within thirty days of the seat becoming vacant. The circumstances of loss of qualifications or abilities shall be defined by law.
Sessions of the Representative Council shall be public. The speaker may, by decision of a majority of the members present, decide that the session shall be secret.
The Representative Council shall establish by law its Standing Orders, in order to organize the procedures for carrying out its legislative and oversight tasks and the procedures for accountability of its members within the bounds of its jurisdiction in a manner that does not conflict with the provisions of the Constitution.
The president of the state, the prime minister, the speaker of the Representative Council, or five of its members, shall have the right to propose draft laws. Any proposal that fails to obtain the approval of the required majority may not be presented for discussion in the same session, except by decision that is approved by a two-thirds majority.
Decisions of the Representative Council, including approval of draft laws and the proposed budget, shall be taken by a majority vote of the attendance except in cases where a special majority is a required for approval.
The government shall have the authority to conclude international agreements and treaties that the stat contracts or adheres to. Agreements that impose on the state treasury expenses not included in the budget or place on the citizenry or the state obligations contrary to the law in effect require the agreement of a majority of all members of the Representative Council. The Representative Council shall discuss treaties that affect the independence of the state or the integrity of its territory, in preparation for the government’s presentation for a popular public referendum.
Laws that are ratified by the Representative Council and approved by the President of the State shall become effective after thirty days from the date of their publication in the Official Gazette, unless the law specifies another time.
Laws shall be published in the official gazette within thirty days:
- from the date the law is referred after its approval from the Representative Council to the president for its endorsement.
- or from the date the law is referred to the president from the Representative Council after it is passed again by a majority of two thirds of all its members in case of objection from the president to it.
In a case in which the period has lapsed without publication or return of the law, the law is considered effective and it must be published and should be considered issued with the force of the constitution, and the Constitutional Court shall be entrusted with requesting the Representative Council to issue a resolution to publish the law in the Official Gazette.
The Representative Council may form special ad hoc committees, or commission one of its standing committees to investigate the facts in any public matter related to activity of any state institution falling under its oversight. The committee may collect evidence from whomsoever it feels necessary to hear testimony from, examine documents, and obtain statements from all related bodies.
The committee must submit its report to the Representative Council to take the appropriate decision.
The Representative Council alone shall have the right to maintain order and security inside its building or facilities during its sessions or the meetings of its committees. It shall have its special guard under the command of its speaker. Security personnel or any other armed force may not enter or be present in the Representative Council or its facilities except in accordance with a request from the speaker of the Representative Council.
Every member of the Representative Council has the right to direct questions or request clarifications from the prime minister, one of his deputies, one of the ministers, or whoever falls under their authority for them on any subject entering within their competencies. He has the right to resort to obtain the response according to the procedures specified by the Standing Orders of the Representative Council.
Every member of the Representative Council has the right to direct interpellations to the prime minister, one of his deputies, one of the ministers, or whoever falls under their authority in any matter that enters within their competencies. Discussion of the interpellation is not permitted before one week after it is presented unless the person under interpellation agrees to respond or discuss in a shorter period. The period may be shortened by decision of the Representative Council in case of urgency.
1. After the interpellation, ten members of the Representative Council may request the following:
a. Censure of the prime minister, the minister or who is under his authority, or the government
b. Withdrawal of confidence from the prime minister, the minister or who is under his authority, or the government, according to circumstances.
2. Voting shall not take place until at least three days have passed from the date of submission of the request, and the decision to withdraw confidence shall be taken by a majority of the total members of the Representative Council.
If a majority of all members of the Representative Council agree to withdraw confidence from the prime minister or from more than one-third of the ministers, the government is considered to have resigned. It continues performing its work until such time as the new government is formed. If a majority of all members of the Representative Council agrees to withdraw confidence from a minister, he is considered to have resigned.
If the president of the state or the prime minister, in case of necessity, suggest the dissolution of the Representative Council to the Council of Ministers, then its dissolution may be approved by a majority of two-thirds of its members, and the president shall issue the decision of dissolution. The government shall call voters to conduct an election for a new Representative Council in a period not less than sixty days, in accordance with the procedures specified by the law of elections. If the election is not held during the defined period, the Council returns to exercise its duties until a new Council is elected. It is not permitted for the dissolved Council to withdraw confidence from the government. It is not permitted to dissolve the Representative Council during the first year after it is formed, or in the period of a State of Emergency provide for in the Constitution.
The Government shall call for the election of the Representative Council within sixty days before the end of its legal term in accordance to procedures governed by law. If the government fails to call for elections within the said period, the speaker of the Representative Council may request that the Constitutional Court order the call for elections. If elections cannot be held at the established time because of war, imminent danger of war, or siege that prevents constitutional bodies from functioning regularly, the Representative Council will continue to perform its duties until elections can be carried out within sixty days of the termination of the obstruction.
Charging the president of the state of high treason, breach of the constitution, or commission of a felony is to be based upon the proposal presented by one-third of the members of the Representative Council. The decision to charge shall not be issued except if a majority of two-thirds of all the members of the Representative Council. Immediately after the charge, the president shall cease performing his duties, and his trial shall take place before the Constitutional Court.
Competence of the Representative Council with Financial Laws
The law shall regulate the provisions related to the government’s preparation of the general budget, its approval, the expenditure of designated funds, the supplementary and development budgets, the budgets of public bodies and institutions, and the projects in which the public sector contributes at least fifty percent of the capital.
The government shall present the draft law of the general budget to the Representative Council at least four months before the beginning of the fiscal year, and the Representative Council shall hold one or more special sessions to discuss it. The discussion and voting shall be held on the clauses and chapters of the budget, then on the budget as a whole, to approve it and refer it to the president of the state for its promulgation.
The Representative Council shall approve the general budget in a period not less than five months from the date of its submission in accordance with the previous paragraph.
Should the Representative Council fail to approve the general budget within the stated period, the president of the state may, based on a decision from the Council of Ministers, promulgate the budget in the form it was presented to the Representative Council.
The Representative Council may not, during discussion of the draft law of the general budget, increase the allocations established in the draft whether in the form of an amendment made to it or by way of borrowing.
The law may stipulate allocation of fund for more than one year in case of necessity or for long-term plans as long as authorization for all of them is included in subsequent budgets or a special budget for more than one fiscal year is established for them.
Conducting transfers among chapters of the budget shall not be permitted except with the consent of the Representative Council.
As an exception to the principle of annual budgeting, and in case of delay in passing it of over one month, and in case the president of the state does not use his right to issue the budget in accordance with Article 90, the government is permitted with the consent of the Representative Council, to designate specified amounts on the basis of monthly authorizations at a ratio of (1/12) one to twelve from the previous budget until the new budget law is promulgated.
The government must present the final accounting of the budget to the Representative Council within a period not more than six months from the date of the end of the fiscal year.
Designation of public funds or their expenditure shall only be by law. Law shall determine the basis for granting salaries, compensations, assistance, and rewards that are approved from the public treasury as well as the agencies responsible for applying them. Disbursement of any exceptional amount shall not be permitted except within the limitations provided for by law.
Imposition, amendment or cancellation of taxes shall be by law. Taxes and fees shall be accredited to the public treasury and accounted for in accordance with the provisions of the law. Their payment shall not be forgiven except in cases provide for by law. In imposing and Taxation can only be waived in cases determined by law. Attention shall be given in imposing and accounting for them to equality and social justice.
Article (100*) The law shall define the bases for contracting loans and the procedures related to granting concessions and encouraging external investments or obligations connected with the exploitation of natural resources and public facilities.
Rights, Immunities and Duties of Representatives
The financial prerogatives of a member of the Representative Council in terms of remuneration and privileges shall be defined by law. Amendments that the Legislative Council makes to them shall only be effective for the members of the Representative Council that is elected after the Representative Council that approved them.
It is not permitted to infringe upon the immunity of the members of the Legislative Council during their term in office, question them civilly or criminally because of the opinions they express, the facts they mention, or their specific votes in the sessions of the Representative Council or its committees. It is not permitted to question them for what they express outside of the Representative Council in implementation of their representative duties.
It is not permitted to ask a member of the Representative Council to give testimony on a matter connected with their actions or statements or on information he obtained in his capacity during his membership except with the consent and prior approval of the Representative Council.
It is not permitted for a member of the Representative Council to be subject to any criminal procedures or brought before the judiciary unless the Representative Council agrees, by a majority of its members, to lift his immunity or after he clearly waives his immunity before the Representative Council and the Council accepts the waiver. In the case of apprehension in flagrante delicto of a member committing a felony as defined in the criminal code, it is possible to immediately start criminal proceedings against him or arrest him, provided that the Council Presidium is immediately notified. The Representative Council is then to ensure to the soundness of the proceedings taken against the member. If the Representative Council is not in session, approval must be obtained from the speaker of the Representative Council, and all the Co8uncil must be notified, in the first session it holds, of the procedures that have been instituted against the member.
A member of the Representative Council is responsible to the Council, which may, based on a request from fifty of its members, discuss removing his membership in the Council if he perpetrated a deed that offends the honor of his representative duty. If the Representative Council agrees to the request by a majority of all of its members, the matter is referred to the Constitutional Court, which decides on the request expel the member. The Standing Orders of the Representative Council shall determine the conditions and terms according to which a member is presented with expulsion and the necessary procedures to refer the request of termination to the Constitutional Court. None of this detracts from the personal responsibility stipulated by law for what a member of the Representative Council perpetrates in terms of violations of the law.
Immunity shall not cease with the termination of membership in the Representative Council for the statements and actions that it covered during the time that the member of the Council enjoyed the status of membership.
It is forbidden for a member of the Representative Council, during his term of membership, to be appointed to any public or private employment or to purchase anything from the state property or to rent or sell anything from its property, or to barter for them, or to execute a contract with the state as a concessionaire, importer, or contractor. The law shall preserve the employment and positions of state employees who win membership in the Representative Council. The Representative Council shall decide upon the requests of its members to resign. The Standing Orders of the Representative Council shall regulate the conditions under which the Council shall accept the resignation of one of its members.
A member of the Representative Council is to submit, during the first month of the beginning of his term in office, a personal financial statement for himself, his spouse, and his minor children, detailing what he owns of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.
The Advisory Council
An Advisory Council shall be created by virtue of this constitution composed of one hundred and fifty members; it shall have an independent personality. Care shall be taken in its formation to portion of the distribution of population of Palestinians inside Palestine and outside of it. The law shall regulate the terms and methods of election of its members or their appointment according to the countries where they live. The president of the state shall be permitted to appoint members in the Advisory Council who do not bear Palestinian citizenship if they have been distinguished for providing outstanding services to the Palestinian cause, provided that they do not exceed ten members.
The Advisory Council shall be concerned:
- With the study of general strategic issues and providing suggestions regarding them.
- With providing suggestions in all matters connected with national rights and the integrity of Palestinian soil and the rights of Palestinians abroad.
- With discussion of constitutional amendments and expressing an opinion in those that have been proposed.
- With topics the president of the state refers to the Council connected to public policy in Arab and international affairs for the state of Palestine.
- With draft laws which the president of the state refers to it connected to Palestinians abroad.
- With what members of the Advisory Council decide to put forward for discussion on its agenda.
The Advisory Council shall send its recommendations to the president of the state, the prime minister, and the speaker of the Representative Council. The recommendations of the Advisory Council shall be published in the Official Gazette upon the request of the president of the state.
Chapter Three / Section Two: The Executive Branch
First: The President of the State
The president of the state is the president of the republic. He shall defend the constitution and the unity of the people, guarantee the continuity of the endurance of the state, national independence, and the orderly functioning of public authorities. His shall exercise his competencies and his responsibilities shall be defined in accordance with the provisions of the constitution. Except for the competencies constitutionally attributed to the president of the state, the executive and administrative competencies of the government shall be within the competence of the Council of Ministers.
It shall be stipulated that a nominee for the position of president of the state must bear Palestinian citizenship exclusively, not be less than forty years of age on the date of his nomination, and enjoy civil and political rights.
The president shall be elected directly by the people for a period of office of five years. It is not permitted to re-elect anyone who has occupied or occupies the position of president of state except for once.
The president-elect shall assume his duties immediately upon conclusion of his predecessor’s term. If it is the case that the position of president of state is vacant as a result of the commencement of procedures to dismiss the president or as a result of death, resignation, loss of legal qualifications or abilities in accordance with Articles 90 and 118 of this constitution, the new president will begin his duties immediately upon the completion of election procedures. Before exercising the duties of his office, the president shall take the following constitutional oath in front of the Representative Council with the presence of the president of the Supreme Council for the Judiciary: “I swear by Almighty God to be faithful to the homeland and its holy places and to the people and their national heritage; to honor the constitution and the law; and to safeguard fully the interests of the Palestinian people; as God is my witness.
The president shall submit during the first month of his assuming the responsibilities of office a financial statement for himself, his spouse, and his minor children, detailing what they own of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.
The remuneration of the president of the state shall be determined by law.
The office of the president shall be considered vacant:
- Upon death;
- Or upon resignation;
- Or by loss of legal qualification or inability to perform the constitutional duties by decision issued by the Constitutional Court pursuant to a request by two-thirds of all members of the Representative Council.
If the office of the president becomes vacant or the Representative Council decides to charge him in accordance with Article 90 of the Constitution, the Speaker of the Representative Council shall assume presidency of the state temporarily for a period not exceeding sixty days, during which presidential elections are carried out in accordance with the Law of Elections. Should the Speaker of the Council wish to submit his candidacy for presidency, or should a legal hindrance prevent him from assuming presidency, the president of the Constitutional Court shall assume presidency temporarily until the completion of procedures to elect the president. The president of the Court, in this case, may not present himself for the presidency.
The president of the state is to direct the Council of Ministers in setting public policy.
The president of the state shall charge a prime minister upon the recommendation from the party obtaining the largest number of seats in the Representative Council, after conducting consultations with the leaders of the other parties represented in the Representative Council. If he is unable to compose a government during a period of forty-five days, the president shall name a new prime minister from and so on until the government is formed.
The president of the state shall ratify laws after their approval by the Representative Council, within thirty days of their referral to him, and he shall order their publication. The president of the state may, before the end of this period, object once to a draft law that was approved by the Representative Council or request its reconsideration, accompanied by the reasons for his objection within thirty days of having received it. If the aforesaid period ends without ratification of the law or objection to it, the law shall be considered effective and must be published in the Official Gazette, and the Constitutional Court shall request that the president of the state to issue an order to that effect immediately. If the president of the state returns the law approved by the Representative Council within the legal time and the Representative Council approves it again by a majority of two-thirds of all of its members, the law shall be considered effective and it must be published. The Constitutional Court, depending on circumstances and based on the request of the Representative Council, shall take responsibility for issuing the order to publish the law.
The prime minister, or the minister he delegates, is responsible for negotiations for concluding international treaties and informs the president of the state on the course of the negotiations, provided that the conclusion of international treaties is bound by the agreement of the Council of Ministers and approved by the president in accordance with the provisions of Article 79 of this Constitution.
The president of the state performs, in addition to the authorities stipulated in the constitution, the following authorities:
- He heads the Council of Ministers when a state of emergency is in effect and in similar exceptional circumstances.
- He issues decrees and requests their publication. He has the right to request that the Council of Ministers reexamine any decrees it has issued also within fifteen days from the date of its delivery to the presidency of the republic. If the Council of Ministers decides by a majority of two-thirds of its members on the issued decree if the period passes without the decree being issued or returned, the decree is considered effective and it must be published.
- He alone issues the decree naming the prime minister and the decree accepting the resignation of the government or considering it resigned.
- As for other decisions and decrees, it is necessary that the prime minister and the miniser or ministers concerned co-sign them. The prime minister alone co-signs with the president on decrees issuing laws, decrees reexamining laws, and decrees summoning the Representative Council to meet in special sessions.
- He delivers when necessary the speech to the Representative Council without discussion.
- He forwards draft laws approved by the Council of Ministers to the Representative Council.
- He grants special pardons for criminal punishments or lessens them. General amnesties shall only be by law.
- He grants medals of state by decree.
The president of the state shall appoint the ambassadors of the state and representatives of the state of Palestine to states and international and regional organizations and relieve them of their duties, on the recommendation of the relevant minister. He shall accept the credentials of representatives of foreign states and international and regional organizations.
The president of the state is the supreme head of the Palestinian national security forces which is headed by a cognizant minister.
The president of the state may establish specialized advisory councils from qualified, specialized and expert persons to participate in expressing opinions and to benefit from national capabilities.
State of Emergency
The president of the state may, by agreement with the prime minister and with the consultation of the speaker of the Representative Council, in case the security of the country is exposed to threat of war or natural disaster or siege in a way that threatens the safety of the society and continuing operation of its constitutional institutions, announce a state of emergency. A state of emergency shall not be declared except when its measures are necessary to restore public order or the organized functioning of the authorities of the state or confront disasters or the state of siege. The effective period of a state of emergency may not extend for over thirty days; it may be renewed only once by the agreement of two-thirds of all members of the Representative Council, except in case of war. In all cases, the declaration of the state of emergency must define the goal, region, and time period it covers.
The Council of Ministers may, after the declaration of a state of emergency and if events necessitate speed in taking steps to confront suddenly-arising matters that do not admit of delay until the Representative Council meets, issue decisions to be approved by the president within a period that may not exceed fifteen days. They shall have the force of law. These decisions shall be presented to the Representative Council in its first meeting after the declaration of the state of emergency or in the session to extend the state of emergency, whichever comes first, to pass them or their legal force ceases retroactively. If the Representative Council does not approve them their legal effectiveness ceases and the Council shall decide the method to settle their effects without harm to the material rights of others.
It is not permitted during a state of emergency to impose limitations on basic rights and freedoms except to the extent necessary to preserve public order in the country. All decisions and actions the Council of Ministers takes during the state of emergency are subject to judicial review. The competent court shall begin examination of submitted grievances within a period not exceeding three days.
Second: The Prime Minister
Whoever is appointed prime minister or minister must bear Palestinian citizenship exclusively and have reached at least thirty-five years of age.
The prime minister shall be responsible for formation of the government and he shall mention in the formation which he presents to the president the portfolio which is assigned to each minister. The prime minister shall present the members of his government and his program to the Representative Council to obtain confidence.
If the prime minister fails to obtain the confidence of the Representative Council within three weeks of his being charged the president will charge a new prime minister in accordance with Article 121 of the constitution. Until the new government succeeds in obtaining the confidence of the Representative Council, the outgoing prime minister leaving office shall be considered head of a caretaker government in the narrow sense.
The prime minister supervises the work of the ministers. Each minister shall be responsible to the Council of Ministers according to the procedures established by the provisions of this constitution. The prime minister and the ministers are responsible individually and collective to the Representative Council for the actions of the government.
When making a ministerial change, adding a minister, or filling a vacancy for any reason whatsoever, it is necessary that the new minister(s) be presented to the Representative Council in the first session the Council holds after the ministerial change in order to vote confidence in him/them. If the number of those included in the change exceeds one-third of the members of the government, it is necessary to put forward the confidence in the ministry as a whole. In all cases, it is not permitted for the prime minister or any minister to exercise the duties of his position except after he has obtained confidence from the Representative Council.
After obtaining the confidence, the prime minister and the ministers shall take the following oath before the president of the state and the Representative Council in a joint session: “I swear by Almighty God to be faithful to the homeland, to preserve the rights of the people and the nation and its interests, to honor the constitution and the law, and to undertake my duties rightfully, as God is my witness.”
The prime minister exercises the following competencies:
- He represents the government and speaks in its name. He is considered responsible for the implementation of public policy as set by the Council of Ministers.
- He presents the general policy of the government to the Representative Council.
- He summons the Council of Ministers to meeting, establishes the agenda, informs the president of it, and presides over its sessions.
- He oversees the work of public agencies and institutions, coordinates among ministers, and gives general instructions to ensure proper functioning of work.
- He signs executive and regulatory decrees.
- He oversees the executive of laws and regulations and coordinates government policies and programs.
- He approves appointments for senior positions, based on the recommendation from the cognizant minister in accordance with legally-determined principles for appointments in ministries and state agencies.
- He submits suggestions for draft laws.
- He orders the publication of laws passed by the Representative Council after the president of state has approved them they are considered to have become legally effective.
- Any other competencies designated to him by law.
Neither the prime minister nor any minister may combine the ministry with any other work, pursue a free profession, buy or rent any state property, rent or sell to it any of his property, or barter with it. It is forbidden for the prime minister or any minister to use information which he obtained directly or indirectly by virtue of his work to realize material game for him or fore any other person in violation of the law.
The prime minister and ministers shall receive monthly compensation and pension established by law.
The prime minister and the ministers shall each individually submit, within thirty days of receiving confidence, a financial statement for him, his spouse, and his minor children, detailing what they owns of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.
Third: The Council of Ministers (The Government)
The Council of Ministers shall be composed of the prime minister and a number of ministers, at most half of them members of the Representative Council.
Executive authority shall be entrusted with the Council of Ministers.
The Council of Ministers shall meet regularly on the call of the prime minister who shall preside at its meetings. The legal quorum for its convening is two thirds of all of its members. It takes its votes by a majority of those present as long as there is no contradictory text in the constitution or in the ordinance of the Council. The Council of Ministers exercises its competences in accordance with the constitution, the law, and the ordinances regulating the work of the government.
The Council of Ministers shall have the following competencies:
- Setting public policy, in the light of the ministerial program approved by the Representative Council.
- Implementing public policy as established, laws and regulations, ensuring compliance therewith, and proposing new draft laws.
- Preparing the draft general budget to be presented to the Representative Council for approval.
- Organizing, supervising, and overseeing the work of the agencies, institutions, and offices of the state at their various levels.
- Monitoring the performance of the ministries, public agencies and institutions, and offices and overseeing their work.
- Discussing the proposals, plans, and policies of each ministry in the field in which it exercises its competencies.
- Approving the system of administrative formations.
- Issuance of organizational regulations, regulations necessary for measures to implement laws, regulations of controlling and organizing public interests and facilities.
- Appointing civilian and military personnel, pursuant to the recommendation of the cognizant minister, and in accordance with the stipulations of law.
- Any other competencies granted pursuant to the provisions of the constitution and the law.
The law regulating the work of the executive authority shall establish standing committees in the Council of Ministers. From among their chairs one or more deputy shall be selected for the prime minister.
The Council of Ministers shall issue the regulations necessary for the exercise of its powers.
The minister is the supreme administrative head of his ministry. Each minister shall have the following competences within the sphere of the ministry with which he is entrusted, under the supervision of the prime minister:
- Proposing public policy for his ministry and overseeing its implementation after its adoption.
- Overseeing the course of work at the ministry and issuance of the necessary directives for the performance of his duties.
- Submitting to the council of ministers proposed draft laws related to his ministry.
- Implementing the general budget within the scope of his ministry and according to the allocations approved for it.
- Choosing senior employees and recommending them for appointment by the Council of Ministers. The appointment of employees of lower ranks will be among the competencies of the minister within the framework of the law and within the limits of the budget.
- Delegating some of his administrative competences to the deputy minister or other senior administrative officials in his ministry in accordance with the law.
- Supervising the implementation of laws and regulations related to his ministry.
- Any competence legally assigned to him.
Each minister shall work within the boundaries of his competence to execute the laws, regulations, and governmental plans and programs in the manner indicated in this constitution and the laws regulating the work of the executive branch.
Indicting the prime minister or a minister for high treason, violating the constitution, or committing a crime shall be based on a request submitted by one-third of the members of the Representative Council. The decision to indict shall not be issued unless two-third of all the members of the Representative Council agree. The accused shall be referred for investigation immediately after the issuing of the decision to indict.
Whoever is referred for investigation ceases performing his duties, simply by virtue of the decision of referral, until a final judicial judgment is issued acquitting him from the Constitutional Court. The Attorney General or his representative assumes responsibility for the procedures of investigation and indictment. Termination of service or resignation shall not prevent undertaking legal action or its continuation.
The government shall be considered to have resigned and shall be re-formed:
- At the beginning of a new term of the Representative Council following every general election.
- Or after confidence is withdrawn from the prime minister or from the government, or from more than one-third of the ministers in accordance with Article 87 of this constitution.
- Or in case of the death of the prime minister.
- Or upon the resignation of the prime minister or the resignation of at least one-third of the members of the Council of Ministers.
- Or upon the prime ministers loss of his qualifications or capacity to perform the duties of his office, in accordance with a request from a majority of all of the members of the Representative Council and the issuance of a decision to that effect from the Constitutional Court.
The resigned government shall continue in directing government affairs until a new government is formed in accordance with the provisions of the constitution.
The national security forces belong to the Palestinian people. They shall assume the task of protection and security of the Palestinians and defense of the homeland. The cognizant minister shall head them and the president of the state shall be the supreme head. It shall be forbidden to form armed groups outside of the network of national security forces. The law shall regulate the terms and condition for the announcement of general conscription.
The police is a civilian organization. It is part of the Ministry of Interior, and the law shall regulate its role in the service of the people, defense of the society, and vigilance in preserving security, public order, and public morals. It shall perform its duty within the limits that are established by law and with complete respect for the rights and freedoms stipulated in this constitution.
Appointment of public employees and all persons working for the state and the conditions of their employment shall be according to law.
The law shall regulate everything connected with the affairs of the civil service, including appointment, transfer, seconding, promotion, and retirement. The General Personnel Bureau, in coordination with cognizant government departments, shall work to improve and develop public administration. Its opinion shall be solicited on draft laws and regulations related to public administration and those employed in it.
The General Audit Organization
An independent organization with legal personality shall be established by law to be named the “General Audit Organization.” The law shall regulate its competencies, the manner of its formation, and the principles of its work. The president of the “General Audit Organization” shall be appointed by a decision from the president of the state pursuant to nomination from the Council of Ministers and approval by the Representative Council.
The law shall regulated the relationship between the government and the local unites on the basis of administrative decentralization. The units of local governance shall enjoy legal personality. Their councils shall be elected. The law shall provide for the method of their establishment, formation, the election of their councils, competencies, and jurisdictions.
Chapter Three / Section Three: The Judicial Branch
The judicial branch shall be independent. It shall have original jurisdiction to perform the judicial function and to decide in all disputes and crimes. The law shall define the institutions of the judicial branch and regulate their structure. It shall define the types of courts, their levels, jurisdictions and procedures. Exceptional courts may not be formed.
A Supreme Council for the Judiciary shall be entrusted with the affairs of the judicial institutions. The law shall define its formation and competencies, ensuring its independence and guaranteeing its equality in the framework of cooperation with the other public authorities. Its opinion shall be solicited in draft laws regulating the affairs of the judiciary. It shall establish its internal regulation.
The president of the Supreme Council for the Judiciary shall be appointed by a decision made by the president of the state in accordance with the law, and he shall be approved by the Representative Council. The law shall regulate the methods of the appointment of the members of the Supreme Council for the Judiciary and the necessary requisites that each of them shall have.
The Supreme Council for the Judiciary shall establish, in accordance with the law, the regulations governing appointments, assignments, transfers, promotions and disciplinary measures related to judges.
A judge shall swear the legal oath before the Supreme Council for the Judiciary in the manner prescribed by the law of the judicial branch.
A judge shall submit upon his appointment a personal financial statement for himself, his spouse and his minor children, detailing what they own of movable and non-movable property, debt liabilities inside and outside Palestine, and civil liabilities. The statements shall be filed with the Constitutional Court.
Court sessions shall be public, unless the court decides they shall be secret for reasons
- related to public order or morals
- or by agreement of the court upon the request of the litigants.
In all circumstances, sentences shall be pronounced in a public hearing.
Judicial judgments shall be issued, pronounced and executed in the name of the people in accordance with the law.
Litigation procedures shall be regulated by law so as to guarantee justice and expeditious decisions in cases.
Judges are independent. There shall be no authority over them in their judicial duties except the law and their conscience, and they shall not be removed.
The law shall regulate the terms of the end of their duties and disciplinary questioning of judges before the Supreme Council for the Judiciary in cases defined by law without infringement on their independence in performing their duties. It is not permitted for anyone to intervene in the course of justce or to delay the implementation of judicial judgments. Intervention in the course of justice or delaying implementation of judicial judgments shall be considered a crime punishable by law, and such cases arising shall have no statute of limitation.
The terms of appointment, transfer, seconding, promotion, and regulation of affairs of the judges shall be defined by a law. It shall not be permitted to combine the judicial profession with any other profession, membership in the Representative Council, or membership in political parties. A judge shall not be permitted, while being entrusted with the judicial profession, to bear any citizenship other than Palestinian citizenship.
A court of cassation shall be constructed with jurisdiction over appeals in criminal and civil matters. The method of its formation, jurisdiction and operational procedures shall be defined by law.
A high court of justice shall be established with jurisdiction to decide administrative disputes and disciplinary cases as they are defined by its establishing law, which shall regulate the bases of its operating, the terms of the appointment of its judges and employees, and the procedures which are to be followed before it. The construction of lower administrative courts is to be permitted by law.
A military court shall be established by law with jurisdiction to decide in military cases. It may not try civilians or decide in any case outside the military sphere.
Office of the Attorney General
The Office of the Attorney General is one of the organs of the judicial branch. It is part of the Ministry of Justice and governed by the law of the judicial branch.
An attorney general shall be appointed at the head of the Office of the Attorney General, by nomination by the miniser of justice and decision of the Council of Ministers. The law shall determine the competencies of the attorney general, his assistants, and their duties.
The Office of the Attorney General shall undertake public cases in the name of the people in accordance with the provisions of the law.
The judicial police shall fall under the judicial authority and be subject to its direct supervision.
The Ministry of Justice shall be entrusted with the organization of offices related to the administration of judicial facilities, without infringing on the professional supervision of the Supreme Council for the Judiciary over the judiciary, including the Office of the Attorney General.
The Constitutional Court
A Constitutional Court shall be established by virtue of the constitution to exercise its jurisdiction independently in order to defend the legality of the work of state institutions. It shall be composed of nine judges appointed by the head of state by nomination from the Council of Ministers and approved by the Representative Council. The Court shall set its internal regulation which will organize the procedures of its work. The judges shall be appointed for one term of nine years that shall not be renewed or extended.
The judges of the Constitutional Court shall elect a president from among their number for a term of three years. The president and of the Court and the judges in the Constitutional Court shall swear the legal oath before discharging their duties before a meeting of the president of the state, the speaker of the Representative Council and the president of the Supreme Council for the Judiciary.
A judge on the Constitutional Court shall not be permitted to assume any other public employment or conduct any commercial, political or partisan activities. If he belonged to a political party, he must resign before swearing the legal oath.
Membership of a judge in the Constitutional Court shall terminate in one of the following cases:
- At the end of the judge’s term stipulated in the Constitution.
- By voluntary resignation.
- By loss of one of the conditions of assuming duties.
- By judicial conviction of a felony.
A successor shall be appointed within one month of the position becoming vacant.
The Constitutional Court shall rule, pursuant to a request from the president of the state, the prime minister, the speaker of the Representative Council, ten members of the Representative Council, the Courts of Appeal, Cassation, or High Justice, or the Attorney General in the following questions:
- The constitutionality of laws before they are promulgated, if the request was brought before it within 30 days from the referral of the law to the president of the state to approve and promulgate it;
- Disputes related to the constitutionality of laws, regulations, ordinances, measures and decisions issued by the president or the council of ministers which have the force of law.
- Interpretation of constitutional texts in case of a dispute concerning the rights, duties, and competences of the three authorities, and in case of a dispute over jurisdiction between the president of the state and the prime minister;
- Problems connected with the constitutionality of the platforms and activities of political parties and associations, procedures to dissolve them or freeze their activities, and the extent of conformity of these measures with the constitution.
- The constitutionality of concluding international treaties, joining them, the procedures of implementing them, and deciding the nullification of the law or some of its articles should they conflict with the constitution or an international treaty.
- Any other jurisdictions assigned to it by this Constitution.
The Constitutional Court shall render void an unconstitutional law, regulation, ordinance or procedure, or end its effectiveness, in accordance with the conditions and terms that the law organizing its construction defines.
The decisions of the Constitutional Court shall be final and may not be appealed in any manner. They are binding on all public authorities and natural and legal persons.
Chapter Four: Concluding Provisions
This constitution shall be called the “Constitution of the State of Palestine.” It is based on the will of the Palestinian people. The Palestine National Council of the Palestine Liberation Organization shall adopt this constitution before the establishment of the independent Palestinian state with sovereignty. In the case that the Palestine National Council cannot meet, the Palestine Central Council shall adopt this constitution. After the establishment of the state, and immediately after the first general election, the elected Representative Council shall assume the authority of establishing this constitution in its current form as it is adopted by the Palestine National Council of the Palestine Liberation Organization or the Palestinian Central Council, according to circumstances, and that by agreement of two-thirds of all members of he Representative Council. And the Council shall decide, by a majority of all of its members, to present the constitution to a general popular referendum to approve it. If the majority of the participants in that referendum agree to the constitution, it is considered effective from eh date of the announcement of the result of the referendum.
The president of the state, the prime minister, or one-third of the members of the Representative Council may request the procedure for amending the constitution, by addition, deletion, or amendment of one or more articles. In all cases, the principle of conducting the amendment must be passed by the agreement of a majority of two-thirds of all members of the Representative Council. If the request is rejected, it is not permitted to request the amendment of the constitution before one year has passed since this rejection. The Representative Council shall discuss within sixty days after agreeing on the request of the amendment, the clause or clauses that it is desired be changed. If two-thirds of all members agree then the amendment is considered accepted. The Representative Council may also, by a majority of all its members, decide to present the amendment to general popular referendum to approve it. If a majority of the participants in the referendum agree with the amendment, it is considered effective from the date of the announcement of the result of the referendum.
Insofar as they do not conflict with the provisions of this constitution, the laws, regulations, decisions, agreements, and treaties effective before the beginning of this constitution remain in effect until they are changed or amended in accordance with the law.
The legislative authority shall undertake the preparation and approval of the necessary draft laws to establish the legal and administrative structure to implement the provisions of this constitution and its requirements and to establish institutions which are stipulated, within a period at most six months from the date of the issuing of the constitution.
Official institutions shall continue to exercise their competencies according to constitutional and legal rules that regulate them until the time that the legislation required by the Constitution is promulgated.
The Basic Law, promulgated on May 29, 2002, and anything contrary to the provisions of this constitution are abolished.