CONSTITUTION
OF THE STATE OF PALESTINE[341]
Second
Draft, 9 February 2003
Preface
The executive committee of the Palestinian Liberation Organization, having renewed the instructions of the Palestinian National Council for the establishment of a special committee to prepare the Constitution of the State of Palestine, the Constitutional committee has proceeded to accomplish what had been initiated in 1999.
After
great effort, with over two hundred meetings, workshops and discussions, the
committee for the preparation of the Constitution, in cooperation with the
civil society, academics and politicians, had achieved by the end of December
2000 the first draft of the Constitutional project of the State of Palestine.
It was published in February 2001.
This is the second draft, which has been compiled by amending and reformulating
the first draft, having taken into consideration comments and suggestions from
Palestinian, Arab and international legal experts, in addition to academics and
personalities from the civil society in Palestine and the Diaspora.
This second draft will be widely distributed to enable a greater number of
persons to study it and participate in improving the drafting thereof by
suggesting amendments, deletions or additions to obtain a valid third draft
that would be presented to the Palestinian Central Council when conditions will
enable it to convene.
The Central Council would then determine the subsequent appropriate procedure
to reach a final draft, which can be submitted for a general public referendum
for its adoption as the first Constitution of the State of Palestine.
Article (1)
The state of Palestine is a
sovereign, independent republic. Its territory is an indivisible unit based
upon the internationally-recognized borders embodied in the United Nations
Security Council resolutions. All residents of this territory shall be subject
to Palestinian law exclusively.
Suggested alternative
The State of Palestine is a sovereign, independent republic. Its territory is
an indivisible unit based upon its borders on the eve of June 4, 1967, without
prejudice to the rights guaranteed by the international resolutions relative to
Palestine. All residents of this territory shall be subject to Palestinian law exclusively.
Article (2)
Palestine is part of the Arab nation. 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 whose goal is to work on achieving Arab unity.
Article (3)
Palestine is a peace and equality loving state. It repudiates aggression and
calls for resolving regional and international problems peacefully. It abides
by the United Nations Charter.
Article (4)
Jerusalem is the capital of the state of Palestine and seat of its global
authority.
Article (5)
Arabic and Islam are the official Palestinian language and religion.
Christianity and all other monotheistic religions shall be preserved and
respected. The Constitution guarantees equality in rights and duties to all
citizens irrespective of their religion.
Article (6)
The Palestinian flag, motto, seals, emblems, and national anthem shall be
determined by law.
Article (7)
The principles of Islamic Shari’a are a major source for legislation. Civil
and religious matters of followers of other monotheistic religions shall be
organized in accordance with their religious teachings and denominations, while
preserving the unity and independence of the Palestinian people.
Article (8)
The Palestinian political system shall be a parliamentarian representative
democracy based on political pluralism. The rights and liberties of all
citizens shall be respected, including the right to form political parties and
engage in political activity without discrimination on the basis of political
opinions, sex, or religion. The parties shall abide by the principles of
national sovereignty, democracy and peaceful actions in accordance with the
Constitution.
Article (9)
Government shall be based on the principles of the rule of law and justice.
All authorities, agencies, departments, institutions and individuals shall
abide by the law.
Article (10)
All activities of the Palestinian public authorities shall, in normal and
exceptional circumstances, be subject to administrative, political, legal and
judicial review and control.
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 resulting from errors, and
risks resulting from actions and procedures carried out by state officials.
Article (11)
The independence and immunity of the judiciary are necessary for the
protection of the rights and liberties. No public or private individual shall
be immune from the law or from executing judicial rulings. Any act of contempt
of the judiciary shall be punishable by law.
Article (12)
Palestinian nationality shall be regulated by law without prejudice to the
rights of those who legally acquired it prior to May 10, 1948 or the rights of
the Palestinians residing in Palestine prior to this date, and who were forced
into exile or departed there from and denied return thereto. This right is
passed from fathers and mothers to their progenitor. It neither disappears nor
lapses unless voluntarily relinquished.
A Palestinian cannot be deprived of his citizenship. The acquisition and
relinquishment of Palestinian citizenship shall be regulated by law. The rights
and duties of citizens are founded in the Constitution and governed by law.
Article (13)
Palestinians who left Palestine after 1948 and who were denied return there
to shall have the right to return to the Palestinian state and bear its
nationality. It is a permanent, inalienable, and irrevocable right.
The state of Palestine shall strive to apply the legitimate right of return of
the Palestinian refugees to their homes and villages, and to obtain
compensation through negotiations, and political and legal channels in
accordance with the 1948 United Nations General Assembly Resolution 194 and the
principles of international law.
Article (14)
Natural resources in Palestine are the property of the Palestinian people
who will exercise sovereignty over them. The state shall be obligated to
preserve natural resources and legally regulate their optimal exploitation
while safeguarding Palestinian religious and cultural heritage and
environmental needs.
The protection and maintenance of antiquities and historical sites is an
official and social responsibility. It is prohibited to tamper with or destroy
them, and whoever violates, destroys, or illegally sells them shall be
punishable by law.
Article (15)
The state strives to achieve a clean, balanced environment whose protection
shall be an official and societal responsibility. Tampering with it is
punishable by law.
Article (16)
The economic system in Palestine shall be based on the principles of free
market economics and protecting free economic activity within the context of
legitimate competition. The law shall protect private property, which may not
be expropriated or seized except for public benefit in accordance with the law,
and in return for a just compensation. Expropriation may only be carried out by
judicial order.
The state may establish public companies legally, without prejudice to the
system of free market economy.
Article (17)
The state shall strive to promote social, economic and cultural growth and
scientific development of the Palestinian people with consideration to social
justice and providing assistance to those more deserving, especially those who
suffered injury during the national struggle.
Article (18)
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
General Rights, Liberties and Duties
Article (19)
Citizens are equal in general rights and duties
before the law, without discrimination on the basis of sex, ethnicity,
religion, color, political views or any other reason.
Article (20)
Human rights and liberties are binding and must be respected. The state
shall guarantee religious, civil, political, economic, social and cultural
rights and liberties to all citizens on the basis of equality and equal
opportunity.
Article (21)
Every Palestinian of both sexes who has reached the age of eighteen years
shall have the right to vote as provided for by law.
All those who bear Palestinian nationality exclusively shall have the right to
enter presidential elections and/or House of Representatives membership and/or assume
a ministerial or judicial position.
Article (22)
Women shall have their own legal personality and independent financial
assets. They shall have the same rights, liberties, and duties as men. The term
Palestinian or citizen refers to females and males.
Article (23)
Women shall have the right to participate actively in the social,
political, cultural and economic aspects of life. The law shall strive to
abolish restraints that prevent women from contributing to the building of
family and society.
The Constitutional and Shari’a rights of women shall be safeguarded; and any
violation of those rights shall be punishable by law. The law shall also
protect their legal inheritance.
Article (24)
Children shall have all the rights guaranteed by the “Rights of the Arab
Child” charter, to which Palestine adheres.
Article (25)
The right to life is guaranteed by the Constitution.
Article (26)
Individuals shall have the right to personal safety.
Physical or psychological torture of human beings, as well as their inhuman
treatment and subjection to harsh, undignified and humiliating punishment is
prohibited. Such actions, or taking part in such actions, shall be deemed
criminal and is punishable by law and shall not lapse by prescription.
Confessions proven to be extorted under duress or serious threat shall not be
considered proof of guilt. Those who carry out such actions will be prosecuted.
Article (27)
Scientific or medical experimentation on a human being without his prior
legal consent is forbidden. No surgery, medical examination, or treatment shall
be performed on a person, 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.
Article (28)
Every person has the right to freedom and personal safety. Such right may
not be violated, except in cases and according to procedures stipulated by law.
A person may not be arrested, searched, imprisoned or restrained in any way,
except by order of a competent judge or public prosecutor in accordance with
the law. This is to safeguard the security of the society. A person shall be
immediately informed of the offense with which he is charged in a language he
can understand and is henceforth entitled to a lawyer and shall be immediately
brought before the competent judicial authority. The law shall define the
conditions of provisional detention.
Any person illegally arrested, imprisoned, or restrained shall be entitled to
compensation.
Article (29)
The accused is innocent until proven guilty by a fair trial wherein he
shall be afforded the guarantees of self defense.
The accused shall be granted all guarantees necessary for his self defense, pro
se, or through the assistance of an attorney of his choice in a public hearing.
If he cannot afford one, the court will appoint him a lawyer free of charge.
Article (30)
Detainees and those deprived of liberty shall be treated humanely and with
dignity.
In executing sentences, the basic global principles approved by the United
Nations for the treatment of prisoners shall be considered.
In the sentencing of minors and in the execution thereof, their reform,
education and rehabilitation shall be considered.
Article (31)
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 legally issued court order. Likewise a
Palestinian may not be deported or prevented from returning to his country, and
may not be extradited.
Article (32)
A foreign political refugee who legally enjoys the right of asylum may not
be extradited. The extradition of ordinary foreign defendants shall be governed
by international agreements or conventions.
Article (33)
No person shall be deprived of his legal competence or basic rights and
liberties for political reasons.
Article (34)
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 liberties,
and to receive compensation for a violation thereof.
The law shall regulate the procedures for litigation in a manner that ensures a
speedy disposition of cases without prejudice to 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 thereof.
Article (35)
There shall be no crime or punishment except as stipulated by law. No
sentence shall be executed except by judicial order. Punishment shall be
personal and the individual may not be punished more than once for the same
offence. Collective punishment is prohibited. Parity shall be considered
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 retroactivity of the law.
Article (36)
The private life of every person, including family matters, residences,
correspondence and other means of private communication, shall be protected and
may not be infringed upon except by court order and within the limits of the
law. Any violation of this Article is unlawful, and those who are harmed as a
result thereof shall be entitled to compensation.
Article (37)
Freedom of religion and religious practice are guaranteed by the
Constitution.
The state shall guarantee access to holy shrines that are subject to its
sovereignty.
The state shall guarantee to followers of all monotheistic religions the
sanctity of their shrines in accordance with the historic commitment to the
Palestinian people and international commitments to Palestine.
Article (38)
Freedom of thought shall be guaranteed. Individuals shall have the right to
express their opinions and publicize them in writing, speech, art, or other means
of expression within the provisions of the law.
The law may only apply minimal restrictions on the practice thereof so as to
safeguard the rights and liberties of others.
Article (39)
The right to establish newspapers and ownership of various means of
publication is universal and guaranteed. Financial sources for such purposes
shall be subject to legal control.
Article (40)
Freedom of the press, including print, audio, and visual media, and those
working in media, is guaranteed.
The media shall freely exercise its mission and express different opinions
within the framework of society’s basic values, while preserving rights,
liberties and public duties in a manner consistent with the rule of law.
The media may not be subject to administrative censorship, hindrance, or
confiscation, except by court order in accordance with the law.
Article (41)
Journalists and citizens shall have the right of access to news and
information with transparency in accordance with the law.
Article (42)
Citizens shall have the right to live in an atmosphere of intellectual
freedom; participate in cultural life; cultivate their intellectual and
innovative talents; enjoy scientific and artistic progress; and protect their
moral and material rights, which may be the product of scientific, artistic or
cultural effort in a manner consistent with society’s basic values and the rule
of law.
Article (43)
Education is an individual and social right. Education is compulsory at
least until the end of the elementary level. Education shall be guaranteed by
the state in for public schools, institutions, and establishments until the end
of the secondary level.
The law shall regulate the ways of the state’s supervision of its performance
and curricula.
Article (44)
Private education shall be respected, provided that schools, institutions
and private education centers abide by the plans and curricula adopted by the
state. The law shall regulate the state’s plans and curricula.
Article (45)
The state shall uphold the independence of institutions, universities and
research centers that have a scientific purpose. The law shall regulate the
supervision thereof in such a manner so as to safeguard the freedom of
scientific research and innovation in all fields. The state shall, within its
capabilities, strive to encourage, support and protect them.
Article (46)
The law shall regulate social security, disability and old age pensions,
support to families of martyrs, detainees, orphans, those injured in the
national struggle, and those requiring special care. Within its capabilities,
the state shall guarantee them education, health and social security services
and shall give them priority in employment opportunities in accordance with the
law.
Article (47)
The state shall organize health insurance as an individual right and a
public interest. It shall guarantee, within its capabilities, basic health care
for the indigent.
Article (48)
Through a housing policy founded on collaboration of the state, private
sector and banking system, the state shall seek to provide adequate housing to
every citizen. In cases of war and natural disasters, the state shall also
seek, within its capabilities, to provide housing to the homeless.
Article (49)
The state shall guarantee family, maternal and child care. It shall care
for adolescents and the youth. The law shall regulate children, mother and
family rights in accordance with the provisions of international agreements and
the ‘Rights of the Arab Child’ charter.
In particular, the state shall seek to protect children from harm, harsh
treatment, abuse, and from any work that would endanger their safety, health
and education.
Article (50)
Public property shall be safeguarded and regulated by law so as to
guarantee its protection and for it to serve the people’s public interest. The
law shall regulate the ‘Al Awqaf’ [religious endowments] organization and
management of its properties and assets.
Article (51)
General confiscation of private property is prohibited.
Article (52)
The law shall regulate real estate ownership by foreigners.
Article (53)
Employment is a right of all citizens. The state shall seek to provide work
opportunities to the capable through its development and construction plan,
with the support of the private sector. The law shall regulate work relations
in such a manner so as to guarantee justice for all and provide for the
protection and security of workers. Work may not be forcibly imposed on
citizens. The law shall regulate adequate remuneration for compulsory work.
Workers shall have the right to establish unions and professional associations
at work.
Article (54)
Citizens shall have equal rights to assume public office on the basis of
merit, capability and equal opportunity, without discrimination based on
religion, sex or political views and in accordance with the law regulating
public office.
Article (55)
The right to protest and strike shall be exercised within the limitations
of law.
Article (56)
Based on Constitutional rules and legal provisions, every citizen shall
have the right to express his views in referenda and elections and run for
election or nominate a third party who meets electoral requirements.
Article (57)
All citizens shall have the right to partake, individually or collectively,
in political activities, including:
The right to form political parties and/or subscribe thereto, and/or
withdrawing there from in accordance with the law; Formation unions, societies,
associations, fraternities, assemblies, clubs, and institutions and/or
subscribe thereto and/or withdraw there from in accordance with the law.
The law shall govern the procedures for acquiring its legal personality.
Article (58)
Every individual shall have the right to organize private meetings in
accordance with the law and without the presence of the police. Every
individual shall have the right to assemble and organize public meetings, and
to demonstrate peacefully with others without bearing arms. The exercise of
those two liberties may not be restrained except as mandated by law, consistent
with measures acceptable in democratic society and Constitutional rights and
liberties.
Article (59)
Every individual shall have the right to address the public authorities,
and to present petitions and grievances in writing.
Article (60)
The basic rights and liberties may not be suspended. The law shall regulate
the rights and liberties that may be temporarily restricted in exceptional
circumstances in matters related to public security and national safety
purposes. The law shall penalize the arbitrary use of power and authority.
Article (61)
Any violation of the basic general rights and liberties guaranteed by the
Constitution and law, shall be considered a crime. All civil and criminal
lawsuits arising as a result thereof shall not lapse by prescription. The state
shall guarantee a just compensation for those who have been harmed.
Article (62)
An independent general organization shall be lawfully set up, composed of
unofficial legal and political personalities who truly believe in the rights of
the citizen and would volunteer for its defense.
The organization shall be concerned with monitoring the state of the rights and
liberties of the citizens, for which purpose it shall have the competence to
obtain official information responsibly and with transparency.
Its employees shall be responsible for any misuse of the information they
obtain in matters other than those stipulated by their incorporating law.
The organization shall have the right to receive grievances from the citizens
concerning the actions of the institutions of the state’s authorities which
illegally breaches the rights and basic liberties of the citizen.
It shall have the right to suggest ways to improve the performance of the
departments of the state with respect to protecting the rights and liberties of
the citizens. It shall submit its proposals and reports on matters within its
supervisory and developmental competence to the House of Representatives and
the president of the state.
Article (63)
The state shall assume responsibility for the safety of persons and
property. It shall guarantee the protection of the rights of every citizen
within the state and abroad.
Article (64)
Defending the nation is sacred duty and serving it is an honor for every
citizen. It shall be regulated by law.
Individuals and groups may not bring or bear arms, nor may they illegally
possess arms in violation of the provisions of the governing law.
Article (65)
The payment of taxes and general dues is a duty regulated by law.
Chapter Three
Public Authorities
Article (66)
National sovereignty belongs to the people, who are
the source of the authorities. The Public Authorities exercise their duties
directly through referenda and general elections or through representatives of
the electorate, within its three general powers: legislative, executive and
judicial and by its Constitutional institutions. No individual or group may
claim for itself the right to exercise such powers.
Article (67)
The relationship between the three public authorities shall be based on
equality and independence. They shall exercise their authority on the basis of
relative separation with respect to their duties and mutual cooperation and
oversight. No authority shall have the right to perform duties that have been
attributed to another authority in accordance with Constitutional rules.
Section One: Legislative Branch/House of Representatives
Article (68)
The House of Representatives shall assume
legislative power. It shall endorse policies, plans and the general budget,
which shall be prepared by the Cabinet. It shall supervise the actions of the
executive branch in the manner specified by the Constitution.
Article (69)
The House of Representatives shall be composed of 150 individuals,
representing the Palestinian people. They shall be elected according to the
Constitution and election law. When running for candidacy to the House of
Representatives, the provisions stated in this Constitution and the election
law shall be observed.
Candidates for the House of Representatives must be Palestinian not holding
another nationality.
Article (70)
Members of the House of Representatives are elected for five years and may
be re-elected more than once. The term of the House of Representatives may not
be extended except in case of necessity and by virtue of a law ratified by a
two-thirds majority of the House of Representatives.
Article (71)
The seat of the House of Representatives shall be in the capital of the
State of Palestine “In Jerusalem”. Its sessions may be held in different
locations as per the request of, or the majority of, the members of the House
of Representatives.
Article (72)
In the first meeting of the first annual session, the House of
Representatives shall elect its speaker, two deputies, and a secretary-general.
They shall constitute the body of the presidency of the House of Representatives.
Members of the body of the presidency of the House of Representatives may not
assume ministerial or other governmental post.
A member of the House of Representatives may assume the post of minister,
provided that the total number of Deputies Ministers in government does not
exceed 50% of the total number of ministers.
Article (73)
The beginning of the statutory assembly of the normal session of the House
of Representatives shall not be legally valid except with the presence of its
speaker or his legal deputy and a minimum two-thirds majority of its members.
The assembly will remain valid for the rest of its normal session meetings with
the presence of the speaker of the House of Representatives or his legal deputy
with an absolute majority of members of the House of Representatives. The Head
of State shall inaugurate the statutory assembly of the House and deliver its
opening speech.
Article (74)
In the first meeting of the House of Representatives, after the election of
the body of the presidency of the House of Representatives, but before the
commencement of its Constitutional duties, the members shall take the following
oath:
I swear by Almighty God to be faithful to the Homeland, to safeguard the rights
of the people, the Nation and their interests, to respect the Constitution and
the Law, and to fulfill my duties rightfully and may God be my witness.
Article (75)
At the invitation of its speaker, the House of Representatives shall
convene in a normal session twice yearly, each for a period of four months. The
first shall start in the first week of the month of March, and the second shall
start in the first week of the month of September.
In case of necessity and out of normal sessions, the Head of State, or the
speaker of the House of Representatives, or at least a third of the members of
the House of Representatives have the right to call for an extraordinary
meeting of the House of Representatives.
Article (76)
The House of Representatives shall refer to the Constitutional Court any
challenge to the validity of the representation of any of its members for
decision according to the governing law.
Each deputy who does not fulfill the legal requirements of electoral
eligibility or loses such requirements faces revocation of his membership. This
is enforced by decision of the House of Representatives with approval of two
thirds of its members.
Article (77)
If the position of one or more members of the House of Representatives
becomes vacant due to death, or resignation, or loss of competence at least six
months before the end of his term in the House of Representatives, a successor
shall be elected in the concerned district within a month of the seat becoming
vacant. The law shall define the circumstances of loss of competence.
Article (78)
Meetings of the House of Representatives shall be public and may be
rendered secret by a decision of the majority of the attendance.
Article (79)
The House of Representatives shall establish by law its internal
regulations, in order to regulate the procedures for implementation of its
Constitutional and oversight duties; and procedures of questioning its members
within its jurisdiction, in such a manner not inconsistent with the provisions
of the Constitution.
Article (80)
The speaker of the House of Representatives or five of its members shall
have the right to suggest draft laws. Each suggestion that does obtain the
approbation of the required majority may not be submitted for discussion in the
same session, except by decision that is approved by a two-thirds majority of
the House of Representatives.
Article (81)
Decisions of the House of Representatives, including ratification of draft
laws, and the suggested annual budget, shall be made by a majority vote of the
attendance except in cases where a special majority is a prerequisite for
ratification.
Art (82)
The House of Representatives shall ratify the general development plan, and
the law shall define the method of its preparation and presentation to the
House.
Article (83)
The House of Representatives shall ratify the international agreements and
treaties that are entered into by the State of Palestine, or which it joins by
approval of a majority of the members of the House of Representatives. They
shall become effective after their publication in the official gazette.
Article (84)
The House of Representatives shall commence its law-making duties by
referring every draft law to the concerned committee/committees. The House of
Representatives shall then discuss the draft law and vote on it upon three
readings thereof. The internal regulation of the House of Representatives shall
define the procedure by which draft laws are researched and approved.
Article (85)
Laws which are ratified by the House of Representatives and approved by the
President of the State shall become effective after thirty days of the date of
its publication in the official gazette, unless the Constitution or the law
sets a different time.
Article (86)
Laws shall be published in the official gazette within thirty days:
• of their approval by the President; or
• of their approval by the President after being returned to him re-ratified by
the House of Representatives by a two-thirds majority of its members in case it
had been contested by the President; or
• within one month of the House of Representatives’ request for its publication
in the official gazette. It is then considered promulgated constitutionally.
Article (87)
The House of Representatives may form special ad hoc committees, or
commission one of its standing committees to investigate the facts in any
public issue related to activity of any of the State institutions which falls
under its control.
The committee may collect evidence from whomsoever it feels necessary to
interrogate, and to examine documents and obtain information from all areas,
and to submit its report to the House of Representatives for appropriate
decisions.
Article (88)
The House of Representatives shall have exclusive right to maintain order
and security within the buildings of the Parliament or its facilities during
its sessions or meetings of its committees. They shall have their own guards
answerable to the speaker of the House. No security force or other armed forces
shall have the right to enter or be present in the Parliament or its facilities
unless so requested by the speaker of the House of Representatives.
Article (89)
Every member of the House of Representatives shall have the right to
question or request clarification from the Prime Minister or any one of his
deputies or any one of the ministers or their deputies about any subject of
their concern, and shall be entitled to receive an answer thereto according to
the procedures as defined by the internal regulations of the House of
Representatives.
Article (90)
Every member of the House of Representatives has the right to direct
interpellations to the Prime Minister or one of his deputies or to any one of
the Ministers or their deputies and those under their supervision in any
subject that falls within their competence. It is not allowed to discuss the
interpellation one week before its submission unless the person being
questioned agrees to discuss or respond within a shorter period. In urgent
cases it is allowed to shorten the period by decision of the House of
Representatives.
Article (91)
1. After the interpellation, ten members of the House of Representatives,
may request the following:
• Direct blame to the Minister or the Cabinet.
• Withdraw confidence from the Minister or the Cabinet according to
circumstances.
2. Voting shall be withheld for at least three days from the date of the
request and decision of withdrawal of confidence shall be by approval of a
majority of the members of the House of Representatives.
Article (92)
Should a majority of members of the House of Representatives approve
withdrawal of confidence from the Prime Minister or more than one third of the
Cabinet, the Cabinet shall be considered in resignation, and shall proceed with
the executive duties until formation of a new Cabinet and its obtainment of
confidence from the House of Representatives according to the Constitution.
However, if the majority of the House of Representatives agrees on withdrawal
of confidence from the Minister, that Minister must submit his resignation.
Article (93)
In case of necessity, the President of the State may dissolve the House of
Representatives after consultation with the Prime Minister and the speaker of
the House of Representatives. If the decision of dissolution is made, the
President of the State shall issue the decree of dissolution, which includes
calling on the electorate to elect a new House of Representatives at the times
and according to the procedures defined by the election law. The House shall
perform its duties until a new House is elected.
The President of the State may not dissolve the House of Representatives within
the first year of its formation, or during the period of a declared ‘state of
emergency’ as provided for in the Constitution.
Article (94)
The President of the State shall call for the election of the House of
Representatives before the end of its legal term at such times and by such
procedures as governed by law.
If the President does not call for the elections in the set time, the speaker
of the House of Representatives may ask the Constitutional Court to issue the
order for the call of the elections.
If the elections cannot be held at the set time due to war or imminent danger
of war or siege that prevents constitutional bodies from functioning properly,
the House of Representatives will resume its duties until elections can be
carried out within sixty days of the abolition of the hindrance.
Article (95)
The House of Representatives may, before the Constitutional Court, by a
majority of two thirds of its members, impeach the President of the State for
high treason or infringement on the Constitution.
The Prime Minister and the Ministers shall be impeached in courts through
normal legal procedure, by decision of a two-thirds majority of members of the
House of Representatives.
Competence of the House of Representatives with Financial Laws
Article (96)
The law shall regulate the special provisions for the government to prepare
and adopt the general budget, and to dispose of the credited amounts. It shall
also regulate supplemental development budgeting, budgeting of the public
bodies and institutions and of projects shared by a minimum of fifty per cent
of the capital by the public sector.
Article (97)
The government shall present the draft annual budget to the House of
Representatives two months before the beginning of the fiscal year. The House
of Representatives shall hold a special session to discuss the draft annual
budget.
Discussion and voting on the clauses and chapters of the budget, and then on
the budget in its entirety, shall take place to ratify it or return it to the
government with comments so that the requested requirements be completed within
one month. It shall then be returned to the House of Representatives for
approval in preparation of its promulgation by the president of the State.
The House of Representatives shall approve the annual budget within a period
not to exceed seventy-five days from the day it was submitted as per the
previous clause.
Article (98)
During discussion of the draft budget, the imposition or amendment of an
imposed tax or an increase in estimates of expenditure and revenues is
prohibited.
Article (99)
The law may stipulate allocation of funds for more than one year in case of
necessity or for long term projects; provided that in subsequent budgets the
allocations for such projects are entered or an exceptional budget is prepared
therefore for more than one year.
Article (100)
Exchanges between chapters of the budget may not be done except by consent
of the House of Representatives.
Article (101)
As an exception to the norm of budgeting annually, and in case of more than
a month’s delay in approving the budget, it shall be permitted with the consent
of the house of representatives to allocate specified amounts on the basis of
monthly allocations at the ratio of 1:12 (one to twelve) of the amount of the previous
budget until the issuing of the new budget law.
Article (102)
The government shall submit the final accounting of the budget to the House
of Representatives within a period not exceeding six months of the date of
expiry of the fiscal year.
Article (103)
Expenditure of public funds or their allocation shall be exclusively by
law. The law shall determine the basis for salaries, compensation, allowances
and rewards that are scheduled on the state’s treasury and the departments
responsible for their application. Disbursement of exceptional amounts can only
be done within the limitations of the law.
Article (104)
Imposition, adjustment or annulment of taxes shall be by law. Taxes and
fees shall be accredited to the public treasury and disposed of according to
legal provisions. Taxation can only be waived in cases determined by law. It
shall be imposed and disposed of with due consideration to equality and social
justice.
Article (105)
Contracting loans, granting concessions and encouraging foreign investment
or commitments concerning exploitation of natural resources and public
utilities shall be pursuant to law.
Rights, Immunities and Duties of Representatives
Article (106)
The financial remuneration, rewards and benefits granted to members of the
House of Representatives shall be according to law. Amendments made thereto by
a House of Representatives shall apply only to the members of the house elected
in succession to the one that voted it.
Article (107)
Immunity of members of the House of Representatives may not be infringed
upon for the duration of their term in office. They cannot be interrogated
criminally or civilly, for their opinions, the facts they mention, or their
specific vote at the meetings of the House of Representatives or its
committees, or what they disclose away from the House of Representatives in
performance of their parliamentary duties.
Article (108)
Members of the House of Representatives cannot be asked to give testimony
in connection to any of his actions or statements or information obtained as a
member during his term or thereafter, except with his consent and the prior
approval of the House of Representatives.
Article (109)
No member of the house of representatives may be subject to criminal
investigation proceedings or brought to trial except after the house of
representatives decides with a majority of all its members to lift his immunity
or after he clearly relinquishes it, before the house of representatives.
Should a member be caught red-handed committing a felony, the body of the House
of Representatives shall be immediately notified and shall ensure the integrity
of the proceedings that have been taken against that member.
If the House of Representatives is not in session, approval must be obtained
from the speaker of the House of Representatives. The House of Representatives
shall be notified in the first session of whatever criminal proceedings have
been taken against the member.
Article (110)
A member of the House of Representatives is answerable to his colleagues
who may ask for the revocation of his house membership if he commits a crime
that infringes on the honor of his house duty. If the House of Representatives
approves the request by a majority, the issue is referred to the Constitutional
Court to decide upon the request to dismiss the member of the house of
representatives.
The internal regulation of the house of representatives shall determine the
conditions which govern the dismissal of a member of the house and the
necessary procedure for a majority of members to approve referring the case of
dismissal to the supreme Constitutional Court without prejudice to the legal
accountability of the member of the house of representatives for whatever he
committed in violation of the law.
Article (111)
No member of the House of Representatives may relinquish his immunity
without prior approval from the House of Representatives. Immunity does not
cease at the end of his membership for those statements or actions that were
covered during the entire time of his membership.
Article (112)
A member of the House of Representatives may not hold public or private
employment during his membership or perform commercial or industrial work, or
buy or lease any of the State’s assets, nor can he sell it any of his assets or
barter anything with it, nor can he conclude an agreement therewith as an
entrepreneur, supplier or contractor.
The law shall secure the positions of those employed by the state and who win
membership at the House of Representatives.
The House of Representatives shall decide upon the request of resignation of
its members. The internal regulation of the House of Representatives shall
regulate the cases wherein it accepts the resignation of one of its members.
Article (113)
Each member of the House of Representatives must present during the first
month of his first term a statement of personal finances for him, his spouse
and his minor children detailing movable or non-movable property they own, or
cash asset debts and dues in Palestine and abroad. These statements shall be
kept at the Constitutional Court.
National Consultative Council
Article (114)
A national Consultative Council composed of one hundred and fifty
independent members shall be established according to the Constitution. In its
formation due consideration shall be given to the ratio of distribution of
Palestinians in Palestine and abroad. The law shall regulate their election or
appointment according to their countries of residence.
The president may appoint in the Consultative Council non-Palestinians who have
distinguished themselves with noble services for the Palestinian cause.
Article (115)
The Consultative Council shall specialize:
• In the study of general strategic issues and submission of adequate advice.
• In making suggestions with relation to national rights, safety of the
Palestinian soil and rights of Palestinians abroad.
• In discussion of constitutional amendments and giving opinion on that which
is suggested.
• In whatever subject matters the president refers to the council concerning
general policy in Arab and foreign affairs for the state of Palestine.
• In draft laws referred by the president concerning Palestinian expatriates.
• That which members of the council set for discussion on their agenda.
Article (116)
The consultative council shall send decisions and recommendations to the
president of the state who shall order their publication in the official
gazette, and to the Prime Minister and the speaker of the house of
representatives.
Section Two: The Executive Branch
Article (117)
The Executive branch is assumed by the President of
the State and the Cabinet which is composed of the Prime Minister and the
Ministers. They shall assume the responsibility of setting policies, plans and
programs to be approved by the House of Representatives by which confidence is
granted to the government. It shall assume their execution under the patronage
of the President of the State and oversight by the House of Representatives.
The President of the State
Article (118)
The President of the State is the President of the Republic. He shall
uphold the Constitution and the unity of the people. He shall guarantee the
continuity of existence of the state and its national independence. He shall
guarantee the proper functioning of the public authorities. He shall exercise
his jurisdiction, and his responsibilities shall be determined pursuant to the
provisions of the Constitution.
Except those that are constitutionally attributed to the president of the
State, the government’s executive and administrative duties shall be the
responsibility of the Cabinet.
Article (119)
The presidential candidate must bear Palestinian nationality exclusively,
and be at least forty years old on the date of nomination. He must enjoy full
civil and political rights.
Article (120)
The President shall be elected directly by the people for a five year term
renewable once. The provisions for the election of a presidential candidate
shall be regulated by the electoral law.
Article (121)
The President of the State shall directly represent it in foreign
relations, or by delegating the minister of foreign affairs or whomever he sees
fit. He shall ratify and direct the foreign policy.
Article (122)
Upon the recommendation of the minister of foreign affairs, the president
of the State shall appoint, and terminate the duties of, ambassadors and
representatives of the state of Palestine to states, regional and international
organizations. He shall receive the credentials of representatives of foreign
states and representatives of regional and international organizations to the
state of Palestine.
Article (123)
The elected president shall assume his duties immediately upon conclusion
of his predecessor’s term.
Prior to exercising the duties of his office, the president shall take the
following Constitutional oath, before the House of Representatives and in the
presence of the head of the supreme judicial council:
I swear by Almighty God to be faithful to the nation and its shrines, to the
people and their national heritage, to respect the Constitution and the law,
and to fully preserve the interests of the Palestinian people and may God be my
witness.
Article (124)
The president shall submit a financial statement relative to him, his/her
spouse and minor children, detailing movable or non-movable property and cash
asset debts or dues in Palestine and abroad. They will be kept by the
Constitutional Court.
Article (125)
The remuneration of the president shall be determined by law.
Article (126)
The office of the president shall be considered vacant:
• upon death or
• upon resignation if accepted by a two-thirds majority of members of the house
of representatives or
• by loss of competence or inability to perform constitutional duties by decree
issued by the supreme Constitutional Court upon request of two thirds of the
members of the House of Representatives.
Article (127)
If the office of the president becomes vacant or the House of
Representatives decides to charge him in accordance with Article (14x), the
speaker of the House of Representatives shall assume presidency of the state
for a period not exceeding sixty days, during which presidential elections are
carried out in accordance with electoral laws.
Should the speaker of the House of Representatives wish to submit his candidacy
for presidency, or should a legal hindrance prevent him from assuming
presidency, the head of the Constitutional Court shall assume presidency
temporarily until election of the president. The head of the court may not be a
presidential candidate.
Article (128)
The president of the state may orient the Cabinet in setting the general
policy, which is submitted to the House of Representatives for discussion and
approval.
Article (129)
After consultations with the representative parties, the president shall
nominate the prime minister from the party that obtained the largest number of
seats in the House of Representatives.
Relation of the President with Public Authorities
Article (130)
The president may present draft laws to the House of Representatives. He
may address the House of Representatives with no debate.
Article (131)
The president of the state shall ratify and promulgate laws after their
approval by the House of Representatives, within thirty days of their referral
to him.
Article (132)
The president of the state may object to a draft law, within thirty days of
having received such draft law which was previously approved by the House of
Representatives, and may request its reconsideration accompanied by the reasons
for his objection. It would otherwise be considered promulgated, and effective
from the date of its publication in the official gazette, unless a different
date of enforcement is specified by law.
Article (133)
If within thirty days of having received it, the president does not
promulgate a law, nor does he return it to the House of Representatives, it
shall be considered a law and so promulgated.
If, within the legal time limit the president returns a draft law, previously
approved by the House of Representatives, and such draft receives a second
approval by the House of Representatives by a majority of two thirds of its
members, it shall be considered a law and so promulgated.
Article (134)
The president of the state shall conclude treaties and refer them to the
House of Representatives accompanied by adequate clarification. They shall have
the force of law after their approval by the cabinet and their publication in
the official gazette.
The treaties and agreements that burden the state treasury with expenses
unaccounted for in the budget or burden the citizens with commitments in
violation of the current laws may not be enforced unless and until the house of
representatives ratifies its adoption into law.
Treaties that might affect the independence of the state or the integrity of
its territory can only be approved by general public referendum.
Article (135)
The president of the state shall have the right to grant special amnesty to
a sentence or reduce it. However, general amnesty may not be granted except by
law.
Article (136)
The president of the state may establish specialized advisory councils from
qualified, specialized and experienced persons to participate in expressing
opinion and to benefit from national capabilities.
Article (137)
The president, per the recommendation of the cabinet, shall make the
appointments to the supreme civil and military positions.
Presidential Legislative Authority
In State of Emergency
Article (138)
The president of the state may, declare a state of emergency if the
security of the country is exposed to danger of war or natural disaster threatening
the safety of the society and continuity of operation of its constitutional
institutions. The president must consult the Cabinet and the Head of the House
of Representatives before declaring a state of emergency. The emergency
measures must be necessary to restore public order, or the orderly functioning
of the state’s authorities, or confront disaster or siege, for a period not
exceeding thirty days, renewable by approval of two thirds of all the members
of the House of Representatives, with the exception of state of war. In all
cases, any declaration of a state of emergency must specify the purpose
thereof, and the region and time period covered thereby.
Article (139)
After the declaration of the state of emergency, the president may, if
events necessitate the taking of speedy measures to confront situations that
cannot be delayed, issue decrees that have the force of law. They are to be
presented to the House of Representatives in its first meeting after the
declaration of the state of emergency, or in the session to extend the state of
emergency, whichever occurs first, to decide upon it, otherwise they lose their
legal force retroactively. Should the House of Representatives not approve
them, they shall cease to have legal effect, and the house would decide how to
remedy its effects without any prejudice to material rights of third parties.
Article (140)
During a state of emergency it is forbidden to impose restrictions on basic
rights and liberties, except to the extent necessary to safeguard public safety
in the country.
All decisions and actions taken by the president and his cabinet during the
state of emergency shall be subject to judicial review. The competent courts
will look into grievances within a period not exceeding three days.
Article (141)
The House of Representatives may not be dissolved or interrupted during the
state of emergency.
Article (142)
Impeachment of the president of the state with high treason, breach of the
Constitution or of committing a felony shall be according to a suggestion by
one third of the total members of the House of Representatives. The decision to
impeach may not be issued unless approved by a majority of two thirds of the
total members of the House of Representatives.
Upon the issuance of the decision to impeach, the president shall immediately
cease performing his duties and shall be tried by the Constitutional Court.
The Cabinet
Article (143)
The Cabinet shall be composed of a prime minister and a number of ministers
defined by law, of which half shall be members of the elected House of
Representatives.
Article (144)
The Cabinet shall execute the policies and general plans approved by the
House of Representatives in accordance with the provisions of the Constitution.
The Prime Minister
Article (145)
By joint decree of the president and House of Representatives, and upon the
recommendation of the president of the state, the prime minister shall be
vested with his authority the House of Representatives shall entrust him with
the formation of the cabinet and its program.
Article (146)
A precondition to be appointed prime minister or minister is to bear
Palestinian nationality exclusively, to be at least thirty five years of age,
enjoying his full civil and political rights.
Article (147)
The prime minister shall form the cabinet and when presenting his formed
cabinet to the president of the state, he shall state which ministry is
assigned to which minister.
The prime minister shall present the members of his government and their
program to the parliament to obtain its confidence.
Article (148)
The prime minister shall present his government’s program during the
sessions of the House of Representatives. The prime minister may adjust the
government’s program in light of the discussions and decisions of the House of Representatives.
If the prime minister rejects the amendments requested by the House of
Representatives, he shall submit his resignation to the president of the state
who will nominate a new prime minister in prelude to his presentation and the
presentation of his government and their program to the House of
Representatives to obtain its confidence in accordance with the provisions of
the Constitution.
Article (149)
If the prime minister fails to obtain the confidence of the House of
Representatives he shall present to the president his withdrawal from forming a
cabinet and the president shall resume consultation for the appointment of a
new prime minister.
Article (150)
Neither the prime minister nor any minister may perform the duties of his
office before obtaining the confidence of the House of Representatives during
its first session after the formation of the cabinet and after hearing,
discussing and approving the ministerial statement which shall define the
program and policy of the government, or during the session subsequent to the
appointment of the new minister.
Article (151)
The prime minister shall preside over the activities of the ministers.
Every minister shall be answerable to the Cabinet in accordance to the
procedures as specified by the constitutional rules.
The prime minister and the ministers are individually and jointly responsible
before the House of Representatives for the actions of the government.
Article (152)
When making a ministerial change, or adding a minister or filling a vacancy
for any reason whatsoever, the new ministers must be presented to the House of
Representatives at the first session for a vote of confidence. If the change
involves more than one third of the council of ministers, a vote of confidence
on the whole cabinet must be taken.
No minister may perform the duties of his office until he obtains confidence
from the House of Representatives.
Article (153)
After obtaining the confidence, the prime minister and the ministers shall
take the following oath before the president of the state and the House of
Representatives in a joint session:
I swear by Almighty God to be faithful to the country, to uphold the rights of
the people, nation and its interests, and to respect the Constitution and the
law and to fully carry out my duties. May God be my witness.
Article (154)
Upon the invitation of the prime minister, the council of ministers shall
convene regularly. The president of the state shall have the right to call for,
and preside over, a meeting of the council of ministers.
The council of ministers practices its competencies in accordance with the
provisions of the Constitution, the law and the regulations governing the
activities of the government.
Article (155)
The council of ministers shall have the following competencies:
• Setting public policy within the limits of its competency and in light of the
ministerial program approved by the House of Representatives.
• Executing public policy as established, as well as laws and regulations, and
ensuring compliance therewith, and proposing new draft laws.
• Preparing the draft general budget to be presented to the House of
Representatives for approval.
• Organizing, governing and supervising the offices, agencies and institutions
of the state at their various levels.
• Overseeing the performance of the ministries, departments, institutions and
agencies and supervising their work.
• Discussing the proposals and plans of each ministry, and its policies in the
area of exercising its powers.
• Approving the system of administrative formations.
• Issuance of organizational decrees and necessary regulations by
law-implementing procedures, as well as supervisory regulations, and
organization of public utilities and general welfare.
• Appointment of civil servants and military personnel with the exception of
the high ranking, in accordance with the law and upon the recommendation of the
concerned minister.
• Any other competencies granted pursuant to the provisions of the Constitution
and the law.
Article (156)
The organizational regulation of the executive branch shall establish
standing committees at the council of ministers. From among the chairpersons of
those committees, two shall be selected as deputies to the prime minister.
Article (157)
The council of ministers shall issue the regulations necessary for the
exercise of its powers.
Article (158)
The prime minister shall execute the laws and regulate the governmental
policies and programs that have been approved by the House of Representatives.
Article (159)
The prime minister shall exercise the following powers.
• He shall preside over the meetings of the council of ministers except the
ones attended by the president of the state.
• He shall represent the council before the president and the other public
authorities.
• He shall exercise vigilance over the implementation of laws and regulations.
• He shall order the publication of laws that have been approved by the House
of Representatives in accordance with the procedure and timetable determined by
the provisions of the law and Constitution.
• He shall sign executive and organizational decrees.
• He shall exercise vigilance over the proper operation of the state’s
departments.
• He shall coordinate governmental work.
• He shall propose draft laws.
• He shall approve employment appointments at all ministries at the lower level
of the higher positions per recommendations from the concerned ministers and in
accordance with the legal rules governing appointments in ministries and state
administrations.
• Any other competences legally assigned to him.
Article (160)
The prime minister shall submit a statement of public policy to the House
of Representatives and the president of the state at the beginning of the
house’s yearly term, for discussion and ratification thereof, or a decision to
question the government in accordance with the provisions of the Constitution.
Article (161)
The prime minister or the ministers may not combine work for the ministry
with any other work. They may not pursue a liberal profession nor any
commercial, financial or industrial work, nor buy or lease public property, nor
rent out or sell any of his property to, or barter it with, the state.
A minister may not make use of information obtained by virtue of work, directly
or indirectly, in realizing material profit personally or for a third party in
violation of the law
Article (162)
The minister is the supreme administrative director of his ministry. He
shall have the following competences within the sphere of the ministry with
which he is entrusted, under the supervision of the prime minister:
• Proposing the general 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 laws related to his ministry.
• Implementing the general budget within the scope of his ministry according to
the allocations approved for his ministry
• Choosing employees below deputy minister and recommending them for
appointment by the council of ministers.
• Delegating some of his administrative authority to the deputy minister or
other senior officials in his ministry in accordance with the law.
• Chairing the administrative apparatus of his ministry.
• Supervising the implementation of laws and regulations related to his
ministry.
• Any competence legally assigned to him.
Article (163)
Each minister shall work within the boundaries of his competence to execute
the laws and regulations, and governmental plans and programs in the manner
indicated by the Constitution and the laws governing the work of the executive
branch.
Article (164)
The prime minister and ministers shall receive monthly compensation and
pension established by law.
Article (165)
The prime minister and ministers shall individually submit, within thirty
days of receiving confidence, a financial statement for him, his spouse, and
his minor children detailing movable or non-movable property and cash asset
debts or dues in Palestine and abroad. They shall be kept by the supreme
Constitutional court.
Article (166)
The president of the state or the House of Representatives, upon the
request of two thirds of its members, may place the prime minister and the
ministers under investigation for crimes they may have committed during or as a
result of their performance of their functions.
Article (167)
Once the decision to investigate is issued, the person who is placed under
investigation shall cease performance of his duties until the matter is
decided. The prosecutor general or his representative shall execute the
procedures of investigation and indictment.
The trial shall be held before a legally competent court. Terminating his
services or his resignation shall not prevent legal action from being taken or
continued against him.
Article (168)
The government shall be considered to have resigned and a new government is
formed:
At the beginning of a new term of the House of Representatives after every
legislative election;
After withdrawal of confidence from the prime minister, the cabinet or more
than one third of the ministers;
In the case of death of the prime minister or his incapacity to perform his
Constitutional duties;
Upon the resignation of the prime minister or at least one third of the ministers;
or
If the prime minister loses his ability and capacity to perform the duties of
his office in accordance with a request from the majority of members of the
House of Representatives and by decision from the Constitutional Court.
Article (169)
The previous ministry shall continue directing governmental affairs until
the new ministry assumes its duties after it receives the confidence of the
House of Representatives in accordance with the provisions of the Constitution.
Security forces
Article (170)
The national defense forces shall be the property of the Palestinian
people. They shall assume the task of protection and security of the
Palestinians and defense of the state of Palestine.
Formation of armed groups outside the framework of the national defense forces
is prohibited. The law shall regulate the general mobilization for the defense
of the nation and the rights of the citizens.
Article (171)
The police is a civilian department, part of the ministry of the interior.
It shall be legally organized to serve the people, defend the society, and
exercise vigilance to maintain security, general order, and general morals. It
shall perform its duty within the limitations defined by law, and with respect
for all the rights and liberties set forth in this Constitution.
Article (172)
The president, in consultation with the speaker of the House of
Representatives, and the head of the supreme judicial council shall establish a
national defense and security council to provide counsel in matters related to
the protection of the state and preserving its security.
Public Administration
Article (173)
Appointment of civil servants and all persons working for the state and the
conditions of their employment shall be according to the provisions of the law.
The law shall stipulate which positions are appointed by the president of the
state, or where he can delegate a representative to exercise the authority of
appointment in his name, in addition to the joint powers of deciding
appointments as defined by legal provisions, and those where the council of
ministers has the right of appointment.
Article (174)
All that concerns civil service, including appointment, transfer,
delegation, promotion and retirement, shall be regulated by law. The employees
department, in coordination with the concerned governmental departments, shall
strive to improve and develop the public administration, from whom advice on
draft laws and regulations particular to the public administration and its
employees.
Department of Public Supervision
Article (175)
An independent department of public supervision shall be legally
established with a legal personality named the “Department of Public
Supervision”. Its jurisdiction and competence shall be governed by law.
The director of the department of public supervision shall be appointed by the
president with the approval of the House of Representatives.
Local Administration
Article (176)
The relation between the government and the local units shall be regulated
by law on the basis of administrative decentralization. Units of local
administration shall enjoy a legal personality. Their councils shall be
elected. The law shall stipulate the methods by which they are established,
formed, elected, and their jurisdiction and competence.
Section Three: The Judicial Branch
Article (177)
The judicial branch shall be independent. It shall
have original jurisdiction to perform the judicial function, and shall be
entrusted with deciding all disputes and crimes.
The law shall define the institutions of the judicial branch, and regulate
their structure and the types of courts, and their levels, jurisdictions and
procedures.
Exceptional courts may not be formed.
Article (178)
A Supreme Judicial Council shall be entrusted with the affairs of the
judicial institutions. The law shall define the formation and jurisdictions of
this council in a manner that ensures its equality and independence in
cooperating with the other public authorities. This council shall be consulted
on draft laws regulating judicial affairs. This council shall have the right to
set its own internal regulation.
Article (179)
The president of the Supreme Judicial Council shall be appointed by a
decision made by the head of the state and approved by the house of
representatives. The law shall define the conditions to be fulfilled by members
of the Supreme Judicial Council.
Article (180)
In accordance with the law, the Supreme Judicial Council shall establish
the regulations governing appointments, assignments, transfers, promotions and
disciplinary measures related to judges.
Article (181)
A judge shall swear the legal oath before the Supreme Judicial Council in
the manner prescribed by the law of the judicial branch.
Article (182)
Upon appointment, a judge shall submit a personal financial statement for
himself, his spouse and his minor children. The statement shall explain in
detail their transferable or non-transferable possessions, or their cash asset
credits and debits inside Palestine and abroad. The statement shall be kept at
the Supreme Constitutional Court.
Article (183)
Court sessions shall be public, unless the court decides they shall be
closed for reasons related to public order or morals or pursuant to a request
by the adversaries. In all circumstances, sentences shall be pronounced in a
public hearing.
Article (184)
Judicial sentences shall be issued, pronounced and executed in the name of
the people and according to the law.
Article (185)
Litigation procedures shall be regulated by law to guarantee justice and
expeditious decisions in cases.
Article (186)
Judges are independent. There shall be no authority over them in their
judicial duties except the law and their conscience, and shall not be removed.
The law shall arrange disciplinary questioning of judges before the Supreme
Judicial Council in cases defined by the law without infringement on their
independence in performing their duties.
No person whatsoever shall be permitted to obstruct justice or the execution of
final judicial sentences. Obstruction of justice or the execution of judicial
sentences shall be considered a crime punishable by law, and any lawsuits
arising as a result thereof shall not lapse by prescription.
Article (187)
The appointment, transfer, promotion, and regulation of the affairs of
judges shall be by law. Combining judicial work with any other profession or
membership in the representative councils or political parties shall be
prohibited.
A judge shall not be permitted, while assuming a judicial profession, to carry
any citizenship other than the Palestinian citizenship.
Article (188)
A court of cassation shall be constructed with jurisdiction over appeals in
criminal and civil matters. Its formation, jurisdiction and operational
procedures shall be determined by law.
Article (189)
A supreme court of justice shall be established to decide in administrative
disputes and disciplinary cases as they are defined by their establishing law.
Such law shall regulate its rules of operation, the terms of appointment of its
judges and employees and the procedures to be followed before it. Lower
administrative courts may be established by law.
Article (190)
A military court shall be established and entrusted with deciding military
disputes. It shall not decide any case outside the military sphere.
Office of the General Prosecutor
Article (191)
The Office of the Prosecutor General is an organ of the Judicial Branch,
which is part of the Ministry of Justice and governed by the Law of the
Judicial Branch.
Article (192)
The Prosecutor General shall be appointed at the head of the Office of the
Prosecutor General by nomination of the Minister of Justice and decision by the
head of state to be approved by the House of Representatives. His competencies,
his assistants and their duties shall be defined by law.
Article (193)
The Office of the Prosecutor General shall prosecute public cases in the
name of the people in accordance with the provisions of law.
Article (194)
The judicial police shall be directly subject to the supervision of the
judicial branch.
Article (195)
The Ministry of Justice shall be entrusted with the organization of
administrative bodies responsible for the administration of judicial facilities
without infringing on the professional supervision of the Supreme Judicial
Council over the judiciary, including the Office of the Prosecutor General.
Article (196)
The legal profession shall be regulated by law.
Supreme Constitutional Court
Article (197)
A Constitutional Court shall be established by virtue of the Constitution
to exercise its jurisdiction independently in order to preserve the legality of
the work of state institutions. It shall be composed of 9 judges nominated by
the head of state and approved by the House of Representatives. The Court shall
set its internal regulation to operational procedures. The judges shall be
elected for one term of 9 years that shall not be renewed or extended directly.
Article (198)
The judges of the Constitutional Court shall elect one of them as a
president for the court for a three year term. The president of the Court and
the judges in the Constitutional Court swear the legal oath before the
president of the state, the speaker of the House of Representatives and the
president of the Supreme Judicial Council at the same time before they start
their duties.
Article (199)
A judge on the Constitutional Court may not assume any other public
employment or conduct any commercial, political or partisan activities. He must
resign from party membership before taking the legal oath.
Article (200)
Membership of a judge in the Constitutional Court shall terminate:
At the end of the judge’s term as stated in the Constitution;
By voluntary resignation;
By loss of one of the preconditions of membership; or
By being judicially convicted of a criminal offense.
A successor shall be appointed within one month of the position becoming
vacant.
Article (201)
The Constitutional Court shall examine the Constitutionality of the
following matters, pursuant to a request from the president of the state, the
speaker of the House of Representatives, or from the courts, the public prosecutor,
or anyone whose Constitutional rights have been violated:
The Constitutionality of laws before they are promulgated, whenever requested
by the president of the state or five members of the House of Representatives
provided the request was submitted within 30 days of referring the law to the
head of state for ratification and promulgation;
Deciding disputes related to the Constitutionality of laws, ordinances,
regulations, measures and decisions issued by the president or the council of
ministers which have the force of law whose Constitutionality has been
challenged before the courts;
Interpretation of Constitutional texts when a dispute arises over the rights,
duties and competencies of the three branches, and in case of a jurisdictional
dispute between the head of state and the prime minister;
Deciding problems that arise concerning the Constitutionality of programs and
activities of political parties and associations and the procedures of their
dissolution and suspension and their conformity with the Constitution;
The Constitutionality of signing treaties and the procedures of their
implementation, and nullification of the law or some of its articles if it
contradicts with the Constitution or an international treaty; and
Any other jurisdictions assigned to it by the Constitution.
Article (202)
The Constitutional Court shall render void an unconstitutional law,
regulation, ordinance or procedure, or end its effectiveness, as the case may
be, and the conditions specified in the law governing its operation.
Article (203)
Judicial decisions of the Constitutional Court shall be final and may not
be appealed in any manner and binding on all government authorities and natural
and legal persons.
Concluding Provisions/Constitution Revisions and Amendments
Article (204)
This Constitution shall be called the “State of
Palestine Constitution”. It is based on the will of the Palestinian people. It
shall be ratified by agreement of a majority of participants in a general
popular referendum. This Constitution shall be effective from the date the
people agree on it in the referendum.
Article (205)
The president of the state or one-third of the members of council of
representatives may request an amendment or cancellation of an article or
articles in the Constitution. In all cases, two-thirds of the members of the
council must agree on the amendment. If the request is rejected, it shall be
prohibited to request an amendment or cancellation of the same articles before
one year passes on this rejection. The House of Representatives shall discuss
the amendments within 60 days after agreeing on the principle of amendment. If
one-third of the members approve it, it shall be presented to the people in a
referendum. If the majority of voters in the referendum agree on the amendment,
it shall be deemed effective from the date of the results of the referendum are
declared.
Article (206)
Laws shall be issued in the name of the people and published in the
official newspaper. They shall be effective after 30 days of their publication
unless otherwise stated in the law.
Article (207)
Notwithstanding anything contrary to the provisions of this Constitution,
the applicable laws, regulations, resolutions, agreements and treaties shall
remain in effect before this Constitution comes into effect, until amended or
cancelled in accordance with the law.
Article (208)
The legislative branch shall prepare the draft laws that are necessary to
set up legal and administrative structures for implementing the provisions and
requirements of this Constitution, and establish those institutions set forth
in its text within a maximum period of six months from the date of promulgating
the Constitution.
Article (209)
Official institutions shall continue to exercise their powers according to
Constitutional and legal rules that regulate them until concluding the
amendments required by the Constitution.
Article (210)
The Basic Law, ratified on May 29, 2002 and anything contrary to the
provisions of this Constitution are hereby abolished.