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THE REVISION
OF
THE THIRD DRAFT
OF
THE CONSTITUTION
OF
THE STATE OF PALESTINE
This is a translation of the Third Draft of the 14th of May
2003, therefore, it contains all amendments made on the Arabic text.
14th of May 2003
CONTENTS
Chapter I: General Foundations of the State:
Articles 1-18.
Chapter II: RIGHTS, Public Liberties and
Duties: Articles 19-62.
Chapter III: Public Authorities: Articles
63-64.
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Section
I: |
Legislative
Authority / House of Representatives: Articles 65-108.
Competence of the House of Representatives regarding Financial
Matters: Articles 91- 100. |
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Rights, Immunities
and Duties of Members of the House of Representatives
Articles 101-108. |
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The Advisory
Council: 109-111. |
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Section II |
The Executive
Authority: Articles 112-158. |
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The President of the
State: Articles 112-130. |
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State of Emergency:
Articles 128-130. |
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The Prime Minister:
Articles 131-140. |
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The Council of
Ministers (The Government): Articles 141-146. |
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The Ministers:
Articles 147-152. |
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Security Forces:
Articles 153-154. |
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Public
Administration: Articles 155-156. |
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The Public Audit
Bureau: Article 157. |
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Local Government:
Article 158. |
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Section III |
The Judicial
Authority: Articles 159-184. |
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The Bureau of the
Public Prosecutor: Articles 173-177. |
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The Constitutional
Court: 178-184. |
Chapter VI:
Concluding Provisions: Articles 185-190.
CHAPTER ONE
GENERAL FOUNDATIONS OF THE STATE
(Articles 1-18)
Article (1)
Palestine is an independent state with full sovereignty, of a
republican form of government. Its territory is an indivisible unit
based upon its borders on the 4th of June 1967 and its territorial
water, without prejudice to the international resolutions relative to
Palestine.
Residents of the State of Palestine shall be subject to Palestinian
jurisdiction exclusively.
Article (2)
Palestine is part of the Arab Homeland. State of Palestine shall abide
by the charter of the League of Arab States. The Palestinian people is
part of the Arab and Islamic nations. Arab unity is a goal of the
Palestinian people.
Article (3)
Palestine is a peaceful state, condemns terror, occupation and
aggression. It shall promote the resolution of international and
regional problems by peaceful means, and shall abide by the Charter of
the United Nations.
Article (4)
Jerusalem shall be the capital of the State of Palestine and the seat
of its public authorities.
Article (5)
Arabic shall be the official language and Islam shall be the official
religion in Palestine. Christianity, and all other monotheistic
religions, shall be equally revered and respected. The Constitution
guarantees equality in rights and duties to all citizens irrespective
of their religious belief.
Article (6)
Law shall determine the flag, motto, seals, emblems and national
anthem of Palestine.
Article (7)
The principles of Islamic Sharia shall be a major source of
legislation. The civil and religious matters of the followers of
monotheistic religions shall be organized in accordance with their
religious teaching and their denominations, within the framework of
law and in a manner that preserves the unity and independence of the
Palestinian people.
Article (8)
The Palestinian political system shall be a parliamentarian
representative democracy, based on political pluralism. It shall
guarantee the rights and liberties to all citizens, including the
right to form political parties and to engage in political activities,
in accordance with law. Palestinian parties shall abide by the
principles of national sovereignty, democracy and peaceful transfer of
authority, in accordance with this Constitution.
Article (9)
The principle of the rule of law and justice is the foundation of
government. All authorities, agencies, departments, institutions and
individuals shall abide by the law.
Article (10)
All actions of governmental authorities shall be subject to
administrative, political, legal and judicial review in normal and
exceptional circumstances. No law shall exempt any action or
administrative decision from judicial supervision. The State shall be
responsible for compensating damages resulting from errors and risks
caused by measures and actions of government employees while carrying
out their duties.
Article (11)
The independence of the judiciary and its immunity are basic
guarantees for the protection of rights and liberties. No public or
private person 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 15, 1948,
or the rights of the Palestinians residing in Palestine prior to that
date, and were forced into exile or departed there from or denied
return thereto. This right passes on from fathers or mothers to their
progenitor. It neither disappears nor elapses unless voluntarily
relinquished as provided by law.
No Palestinian shall be deprived of his nationality. The acquisition
and renouncement of Palestinian nationality shall be regulated by law.
The rights and duties of citizens with multiple nationalities shall be
governed by law.
Article (13)
Palestinians who were forced out of Palestine, or departed there from
as a result of the 1948 War, and were denied return thereto, shall
have the right to return to the State of Palestine and bear its
nationality. It is a permanent, inalienable, irrevocable right and
shall not lapse by prescription.
State of Palestine shall strive to apply the legitimate right of
return of the Palestinian refugees to their homes, and to obtain
compensation in accordance with the United Nations Resolution 194 of
1948, and the principles of International Law, through negotiations,
and political and legal channels.
Article (14)
Natural resources, antiquities and historical sites are the property
of the People of Palestine. The State shall preserve its optimal
exploitation is governed by law.
Article (15)
The State shall strive to achieve a clean, balanced environment. The
protection of the environment shall be an official and community
responsibility. Tampering with the environment is punishable by law.
Article (16)
The economic system shall be based on free market economy principles,
and shall protect economic activity within the context of fair
competition. The State may establish public companies regulated by
law, without prejudice the principles of the free economy and for the
benefit of the Palestinian people.
Article (17)
The State shall strive to promote social, economic and cultural
development and scientific advancement of the Palestinian people, with
due consideration to social justice, and to the provision of
assistance to the more deserving, especially those who suffered during
the national struggle.
Article (18)
State of Palestine shall abide by the Universal Declaration of Human
Rights and shall seek to join other international instruments that
safeguard human rights.
CHAPTER TWO
RIGHTS, PUBLIC LIBERTIES AND DUTIES
(Articles 19-62)
Article (19)
All Palestinians are equal before the law, and are entitled to enjoy
civil and political rights and bear public duties without distinction
of any kind, such as race, color, religion, gender, political opinion,
or handicap.
In all instances, the term Palestinian or citizen in this
Constitution refers to both male and female.
Article (20)
Basic 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.
No one shall be deprived of his legal competence, basic rights and
liberties for political reasons.
Article (21)
Every Palestinian, eighteen years or older shall have the right to
vote in accordance with the law. Each Palestinian national shall have
the right to enter presidential elections or parliamentarian
elections, and/or assume a ministerial or a judicial post. The law
shall regulate the required age and other preconditions for assuming
these posts.
Article (22)
Women shall have their right to recognition as a person before the
law, and shall have their independent financial entity. They shall
have the same rights, liberties and duties as men.
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 legal rights of
women shall be safeguarded. Any violation of such 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 United Nations
Convention on the Rights of the Child.
Article (25)
The right to life is guaranteed by the law.
Article (26)
Everyone has the right to security of person.
No one shall be subjected to torture, physical or psychological, or to
cruel, inhuman or degrading treatment or punishment. Planning,
performing or taking part of any of these actions shall constitute a
crime and shall be punishable by law. Such crimes shall not lapse by
prescription. Confessions proven to be extorted under torture or
serious threat of torture, shall not be considered proof of guilt.
Those who carry out or give instructions or take part in torture shall
be subjected to law.
Article (27)
No one shall be subjected without his free legal consent to medical or
scientific experimentation. No surgery, medical examination or
treatment shall be performed on a person, except being proponent with
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 to personal safety. Such
right may not be violated, except in cases, and through procedures
provided by law.
No one shall be arrested, searched, detained or imprisoned in any way
except by order of a competent judge or public prosecutor in
accordance with the law, and where such measures were necessary for
safeguarding the security of society.
Any person arrested shall be promptly informed, in a language that he
understand, of the charges preferred against him, and is henceforth
entitled to a lawyer. He shall be brought before the competent
judicial authority immediately. The law shall define the conditions of
provisional detention and its duration.
Any person illegally arrested, imprisoned or restrained shall be
entitled to compensation.
Article (29)
Everyone accused with a penal offence, has the right to be presumed
innocent until proved guilty according to law in a public trial, at
which he has had all the guarantees necessary for his defense, pro se
or through the assistance of an advocate of his own choice, in a
public hearing. Failing a choice by the accused due to lack of his
financial capability, the court shall provide him with an advocate.
Article (30)
Detainees and those deprived of liberty shall be treated humanely and
with dignity.
The United Nations Basic Principles for the Treatment of Prisoners of
1990 shall be considered in the implementation of sentences of
prisoners.
The reform, education and rehabilitation of minors shall be considered
in determining and applying criminal sentences.
Article (31)
Every citizen has the right to freedom of movement and residence
within the borders of the State of Palestine. No one shall be deprived
from his right to leave Palestine except by a legally issued court
order. Likewise the Palestinian shall not be deported or prevented
from returning to his country, and may not be extradited.
Article (32)
The political refugee who legally enjoys the right of asylum shall not
be extradited. Law, in accordance with bilateral agreements or
international conventions, shall govern the extradition of ordinary
foreign defendants.
Article (33)
Litigation is a right guaranteed to all by the State. Every person
shall have the right to legal recourse to defend his rights and
liberties, and to receive compensation for a violation thereof. The
law shall regulate litigation procedures in a manner that ensures the
quick 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 (34)
There shall be no crime or punishment except as provided by law. No
sentence shall be executed except by judicial order. Punishment shall
be personal No one shall be liable to be tried or punished again for
an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure. Collective
punishment is prohibited. Parity shall be considered between the 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 laws.
Article (35)
The private aspect of life of every person, including family matters,
residence, correspondence and other means of private communication,
shall be protected by law. It shall not be infringed upon except by
court decision and within the limits of the law. Any consequence of
the violation of this Article is null and void, and those who are
harmed as a result thereof shall be entitled to compensation.
Article (36)
Freedom of religion and religious practice is guaranteed by this
Constitution and the law.
The State shall guarantee free access to holy shrines that are subject
to its sovereignty in accordance with the law.
The State shall guarantee to followers of all monotheistic religions
the sanctity of their shrines in accordance with the historic
commitment of the Palestinian people and the international commitments
of the State of Palestine.
Article (37)
The right to freedom of opinion and expression in writing, speech or
other means shall be guaranteed within the limit of the law, so as to
safeguard the rights and liberties of others.
Article (38)
The right to publish newspapers or other media is universal and
guaranteed to every citizen by this Constitution. Financial sources
for such purposes shall be subject to legal audit.
Article (39)
Freedom of the Media, including press, print, audio and visual media
is guaranteed. This freedom extends to those working in the media. The
media shall be protected by this Constitution and the relevant laws
and legislation.
The Media shall freely exercise its mission and express different
opinions within the framework of societys basic values, while
preserving rights, liberties and public duties in a way not
contradicts the principle of rule of law. The Media shall not be
subject to administrative censorship, interference, or confiscation,
except by court decision in accordance with the law.
Article (40)
Journalists and other citizens shall have the right of access to news
and information with transparency, and responsibility, in accordance
with the law.
Article (41)
Citizens shall have the right to protect their intellectual property
rights, which may be the product of scientific, artistic or cultural
effort.
These rights shall be exercised in a manner consistent with societys
basic values and the rule of law.
Article (42)
Every citizen has the right to education. Education shall be
compulsory in the fundamental stage. The State shall guarantee
education in public schools, institutions and other entities until the
end of the secondary stage. The law shall regulate the States
supervision of its educational performance and curricula.
Article (43)
Private education shall be free and independent. The law shall
regulate the states supervision of its curricula, and performance.
Article (44)
The State shall uphold the independence of the universities,
scientific institutions and research centers of scientific objectives.
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 strive, within its capabilities, to encourage,
support, and protect these institutions.
Article (45)
The law shall regulate social security, pensions for the disabled and
the aged, and support to families of martyrs, detainees, orphans,
those injured in the national struggle and those of special needs. The
State shall guarantee them, within its capabilities, educational,
health and social insurance services, and shall give them priority in
employment opportunities, in accordance with the law.
Article (46)
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 (47)
The State shall seek to provide adequate housing to every citizen,
through a housing policy founded on collaboration of the government,
private sector and banking system. In times of war and natural
disasters, the State shall also seek, within its capabilities, to
provide shelter to those who lose their homes.
Article (48)
The State shall guarantee family, maternal and child care. It shall
care for adolescents and the youth. The law shall regulate child,
mother and family rights in accordance with the provisions of
international agreements and the Charter on the Rights of the Arab
Child of the League of Arab States. In particular, the State shall
seek to protect children from harm, harsh treatment or exploitation,
and from any work that would endanger their safety, health or
education.
Article (49)
Public property shall have sanctity, and shall be safeguarded by all
the citizens, so as to guarantee its protection and for it to serve
the peoples public interest in accordance with the law. The law shall
regulate the Waqf [religious endowments] organization, and management
of its properties and assets.
Article (50)
Private property shall be protected by law. It shall not be
confiscated or sequestrated except for serving public interest and as
provided by law. In all circumstances, this shall be pursuant to fair
compensation. General confiscation of private property is prohibited.
The law shall regulate the ownership of real estate by foreigners.
Article (51)
All citizens shall have the right to work. Through its development
plan, and the private sector support, the State shall seek to provide
work opportunities. The law shall regulate work relations in a manner
that guarantees justice for all parties, and that provides for the
protection and security of workers. The law shall regulate compulsory
labor in emergency exceptional circumstances and in times of natural
disasters. Workers shall have the right to establish trade unions and
professional associations. This right shall be subject to the rules of
the organization concerned.
The right to protest and strike shall be exercised within the limits
of the law.
Article (52)
All citizens shall have the right to have access to public service, to
serve society, on the basis of competence, merit and equal opportunity
in accordance with the requirements of the law.
Article (53)
Consistent with this Constitution and the law, every citizen shall
have the right to practice his right to vote in referenda and
elections, and run for elections or nominate a person who meets
electoral requirements.
Article (54)
All citizens shall have the right to participate, individually and
collectively, in political activities, this include in particular the
following rights and liberties:
1.The right to form political parties and/or subscribe thereto, and/or
withdraw there from in accordance with the law; and
2.The right to form trade unions, societies, associations, forums,
assemblies, clubs and institutions, and/or to participate therewith
and/or to withdraw there from, in accordance with the law.
The law shall determine the procedure of granting the organizational
legal personality.
Article (55)
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. No restrictions may be placed on the exercise of these rights
other than those prescribed by law and which are necessary, in a
democratic society, for the protection of the rights and liberties in
this constitution.
Practice of violence as well as damaging public or private properties
while demonstrating is prohibited. Any one who practice violence or
incite it will be punishable by law.
Article (56)
Every citizen shall have the right to address the public authorities,
and to present petitions and grievances in writing and signature.
Article (57)
Basic rights and liberties shall not be suspended. The law shall
define those rights and liberties that may be temporarily restricted
in exceptional circumstances in matters related to public safety and
national security protection. The arbitrary use of power or authority
shall be penalized according to the law.
Article (58)
Any violation of the fundamental rights and liberties granted by this
Constitution or the 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
harmed.
Article (59)
An Independent Public Commission for Citizens Rights, shall be
established by law. The Commission shall be concerned with monitoring
the state of the rights and liberties of the citizens. The law will
determine its duties, competence and organization. It shall present
its reports to the House of Representatives, The President of the
State, and the Prime Minister.
Article (60)
The State shall assume responsibility for the security of persons and
property. It shall protect the rights of every citizen within its
territory and abroad.
Article (61)
Defending the nation is a sacred duty, and serving it is an honor for
every citizen. It shall be regulated by law.
Individuals and groups shall not transport, carry, trade or illegally
possess arms in violation of the regulating law.
Article (62)
The payment of taxes and general dues is a duty regulated by law.
CHAPTER THREE
PUBLIC AUTHORITIES
(Articles 63-184)
Article (63)
National sovereignty belongs to the People, who is the source of all
authorities. The People exercise their powers directly by referenda
and general elections or through elected representatives, within its
three public authorities: legislative, executive, and judicial, and
via its constitutional institutions. No individual or group shall
claim for itself the right to exercise such powers.
Article (64)
The relationship among the three public authorities on exercising
their powers, shall be of independence, on the basis of relative
separation, mutual cooperation and balance. No authority shall have
the right to perform duties that have been attributed to another
authority in accordance with this Constitution.
Chapter III: Section One
Legislative Authority / House of Representatives
(Articles 65-108)
Article (65)
The sole and exclusive power of making laws for the State is hereby
vested in the House of Representatives.. It shall approve the States
overall policies as well as the budget, which shall be prepared by the
Council of Ministers or the Government. It shall monitor or
observe the actions of the Executive Authority as specified in this
Constitution.
Article (66)
The House of Representatives shall consist of one hundred and fifty
(150) members or persons, representing the Palestinian people. They
shall be elected according to this 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.
A candidate for the House of Representatives must be a Palestinian
National. If elected, the member of the House shall not possess any
nationality other than the Palestinian Nationality.
Article (67)
Members of the House of Representatives are elected for five-years
term. The member may be re-elected. The term of the House of
Representatives may not be extended except when necessary and pursuant
to a law passed by two-thirds of the total of its membership.
Article (68)
The seat of the House of Representatives shall be in Jerusalem, the
capital of the State of Palestine. It may hold sittings in other
places as per the request of its Speaker or the majority of its
membership.
Article (69)
In its first sitting, and before the commencement of its
constitutional powers, the members of the House of Representatives,
before the Speaker of the House of Representatives and the President
of the High Council of the Judiciary jointly, 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. May
God be my witness.
Article (70)
In the first meeting of every annual session, the House of
Representatives shall elect its Speaker, his two Deputies, and a
Secretary-General. These positions shall constitute the Office of the
Presidency of the House of Representatives.
Members of the Office of the Presidency of the House of
Representatives shall not assume a ministerial or any other
governmental post.
Members of the House of Representatives may assume the post as
ministers, provided that their total number in the Council of
Ministers shall not exceed half of the total number of ministers.
Article (71)
The President of the State shall inaugurate the first meeting of each
normal annual session of the House of Representatives. The
inauguration of the normal session of the House shall not be legally
valid except with the presence of its Speaker or his legal deputy and
not less than two-thirds of total membership thereof. The sittings
will remain valid for the rest of the normal session with the presence
of the speaker of the House of Representatives or his legal deputy and
an absolute majority of its membership.
Article (72)
At the invitation of its Speaker, the House of Representatives shall
summon for a normal annual session of two periods. Each period shall
be of four months. The first period starts in the first week of the
month of March, and the second starts in the first week of the month
of September.
In case of necessity, when there is no normal session in process, and
in agreement with the Prime Minister, or at the request of not less
than one-third of the total membership of the House of
Representatives, the President of the State shall have the right to
call the House for an extraordinary meeting.
Article (73)
The House of Representatives shall refer any contestation against the
validity of the representation of any of its members, to the
Constitutional Court for decision according to its governing law.
Membership in the House may be revoked if a member does not meet the
legal requirements of electoral eligibility or loses any of such
requirements. This shall be enforced by decision of the House, with
assent of two-thirds of its total membership.
Article (74)
When the seat of one member of the House of Representatives or more
become vacant not less than six months before the end of his term in
the House due to death, resignation or loss of capacity, a successor
shall be elected in the concerned constituency/ constituencies not
more than a month of the seat/s becoming vacant. The law shall define
the circumstances of loss of capacity or capability.
Article (75)
Sittings of the House of Representatives shall be public. The Speaker
of the House, with the assent of the majority of members present, may
decide to hold an in camera setting.
Article (76)
The House of Representatives shall establish, by law, its own rules
and standing orders, to organize the execution of its legislative and
monitoring or observatory powers, and to set procedures for
questioning its members within its jurisdiction, in consistency with
this Constitution.
Article (77)
The President of the State, the Prime Minister, the Speaker of the
House of Representatives or five members of the house, shall have the
right to propose draft laws or to submit draft law proposals. Each
proposal which is not approved by the required majority, shall not be
submitted again for debate in the same session, unless it is supported
by not less than two-thirds of the membership thereof.
Article (78)
Resolutions of the House of Representatives, including approval of
draft laws and the budget, shall be adopted by a majority of the
members present, except where a special majority is required.
Article (79)
The Council of Ministers shall approve agreements and other
international treaties, its members conclude within their competence.
These agreements and treaties shall be of full force and effect after
accreditation by the President of the State and promulgation in the
official gazette.
Agreements or treaties which impose on the treasury additional
non-budgetary expenses, or which impose on the citizens and the State
obligations in violation to current laws, shall be approved by a
majority of the total membership of the House of Representatives.
The House shall discuss agreements that its consequences may endanger
the national independence of the State or its territorial integrity,
prior to its presentation, by the Government, to a public referendum.
Article (80)
Laws approved by the House of Representatives and accredited by the
President of the State, shall be of full force and effect thirty days
from the date of its promulgation in the official gazette, unless
otherwise provided by law.
Article (81)
Laws shall be promulgated in the official gazette within thirty days
from:
- The date the law is referred to the President of the State by the
House of Representatives for accrediting;
- From the date the law is referred by the House of Representatives
after a second approval by two-thirds of the total of its membership,
in cases where the President objects to accredit the referred law.
In case the law is not transmitted back or promulgated after the lapse
of respite, it shall become of full force and effect by the force of
this constitution and should be promulgated. The Constitutional Court,
upon a request of the House of Representative may issue a decision of
promulgation.
Article (82)
The House of Representatives may form special ad-hoc committees or
request one of its standing committees to investigate any matter
relative to any governmental institution falling under its observatory
mandate. The said committee may question anyone it feels necessary to,
and examine documents and seek information from all concerned parties.
The committee shall submit its findings to the House of
Representatives for appropriate decisions.
Article (83)
The House of Representatives shall have the exclusive right to
maintain order and security within its facilities during its sessions
or committee meetings. The House of Representatives shall have their
own guards responsible before the Speaker of the House. No security
personnel or any other armed forces personnel shall have the right to
enter or be present in the facilities of the House unless so requested
by the its Speaker.
Article (84)
Every member of the House of Representatives shall have the right to
raise question or request clarification from the Prime Minister, any
of his deputies, any Minister or of equivalent positions about any
subject falls within their responsibility. The member shall be
entitled to receive an answer thereto as specified by its own rules
and standing orders.
Article (85)
Every member of the House of Representatives shall have the right to
raise inquiries from the Prime Minister, one of his deputies, any
minister, or any one of equivalent position on any subject within
their responsibility. The inquiry may not be debated in less than one
week of its submission unless the person being asked the inquiry
agrees to put under debate or respond within a shorter period. In
urgent circumstances the period may be shortened by decision of the
House of Representatives.
Article (86)
After the inquiry, ten members of the House of Representatives may
request:
- Passing a motion of censure to the Prime Minister, the Minister or
to those of equivalent position (minister) or to the government; or
- Withdraw confidence from the Prime Minister, the Minister or to
those of equivalent position or the government as the case may be.
Voting on these measures shall be withheld for at least three days
from the date of the request. A decision of withdrawal of confidence
shall be approved by a majority of the total membership of the House
of Representatives.
Article (87)
If a majority of the total membership of the House of Representatives
approve withdrawal of confidence from the Prime Minister or from more
than one-third of the total members of the Council of Ministers, the
Government shall be deemed to have resigned from office. In this case,
the Prime Minister and the other members of the Government shall
continue to carry on their duties until the new Government shall have
been appointed.
If a majority of the House of Representatives agrees on withdrawal of
confidence from a minister, he shall be deemed to have resigned from
office.
Article (88)
In case of necessity, the President of the State or the Prime Minister
may propose dissolution of the House of Representatives, before the
Council of Ministers. If such proposal is being accepted by a
two-third majority of the total membership of the Council of
Ministers, the President of the State shall declare the House of
Representatives dissolved.
The Government shall promptly call for a general elections for a new
House in not later than sixty days after the dissolution and in
accordance with the Elections Law. If elections are not held, the
House of Representatives shall remain in office until the new House is
elected. In such case, this House shall not be empowered to withdraw
confidence from the government. The House of Representatives shall not
be dissolved during the first year of its formation or in times where
state of emergency is declared as provided by this Constitution.
Article (89)
The Government, in accordance with the law, shall call for the
elections of the House of Representatives not later than sixty days
before the expiration of the term of office of the previous House. In
case the Government fails to do so in due time, the Speaker of the
House of Representatives may request the Constitutional Court to issue
a decision to hold the elections.
If the elections cannot be held by the required time due to war or
imminent danger of war or siege that prevents Constitutional
Institutions to function properly, the House of Representatives shall
remain in office until elections can be carried out not later than
sixty days of the abolition of the hindrance.
Article (90)
Impeachment of the President of the State with treason, breach of the
Constitution or for committing a felony, should be proposed by
one-third of members of the House of Representatives. The decision to
impeachment shall not be declared unless it is supported by not less
than two-thirds of the total membership of the House.
Upon declaring the decision to impeachment, the President shall
promptly cease performing any of his duties and shall be tried before
the Constitutional Court.
Competence of the House of Representatives
Regarding Financial Matters
(Articles 91-100)
Article (91)
The law shall regulate preparation of the Budget, by the Government,
and the procedure of its approval. The law shall also regulate the
disbursement of budgetary funds, supplementary and developmental
budgeting, as well as budgeting for public entities and enterprises in
which the public share constitutes a minimum of fifty per cent of
their capital.
Article (92)
The Government shall refer the budget to the House of Representatives,
as a draft law, not less than four months before the beginning of the
fiscal year. The House shall hold one special sitting or more to
debate the budget draft law. The House shall discuss and vote on the
items of the budget and its chapters, as well as on the budget in its
entirety. The House will then refer the approved budget to the
President of the State for promulgation.
The House of Representatives shall approve the budget not more than
five months from the date of its referral in accordance with the
previous clause. If the House fail to approve the budget, the
President of the State, by decision of the Council of Ministers, shall
put the budget into force by ordinance. Then the budget shall be in
the form that was referred to the House of Representatives.
Article (93)
Should it be found in the course of the legislative process, the House
of Representatives shall not have the right to increase the set
credits of the budget by alteration or borrowing.
Article (94)
In case of necessity or for long term planning purposes, the law may
stipulate the allocation of funds for a period longer than a year,
provided that the allocations for such projects shall be made in all
subsequent budgets, or an exceptional budget is set for more than one
fiscal year.
Article (95)
Budget Appropriations shall not be moved between chapters except by
consent of the House of Representatives.
Article (96)
Should the budget not be approved, and the time of delay is not less
than a month beyond the time limit, and the President of the State has
not used his right to issue the budget in accordance with article (92)
of this Constitution, the Government, by consent of the House of
Representatives, shall be permitted to allocate specified amounts of
funds, on monthly basis, at the ratio of one to twelve (1:12) of the
amount of the previous budget, until the new budget is approved.
Article (97)
The government shall submit the financial statement of its balance
sheet to the House of Representatives not later than six months from
the end of the fiscal year.
Article (98)
The allocation of public funds and its expenditure shall be done by
law. The law shall determine the rules for payment, by the treasury,
of salaries, compensation, stipends and benefits and the departments
responsible for their application. Disbursement of exceptional funds
shall be done only in accordance with the law.
Article (99)
Imposition, adjustment or annulment of taxes shall be done by law.
Taxes and fees shall be accredited to the treasury and shall be
disposed of according to the law. It can only be waived as specified
by law. Taxes shall be imposed and disposed of with due consideration
to equality and social justice.
Article (100)
Rules of loans contracting, granting concessions, and promoting
foreign investment or commitments concerning exploitation of natural
resources and public utilities shall be determined by law.
Rights, Immunities and Duties of Members
of the House of Representatives
(Articles 101-108)
Article (101)
Financial remuneration, rewards, or benefits provided to members of
the House of Representatives shall be determined by law. Amendments
made thereto by the House shall apply only to the members of the House
elected in succession to the one that voted it.
Article (102)
Immunity of members of the House of Representatives shall not be
infringed upon for the duration of their term of office. They shall
not be prosecuted criminally or civilly in respect of opinions
expressed, facts mentioned, votes cast at the meetings of the House of
Representatives or its committees or what they disclose outside of the
House in the exercise of their duties as members of the House.
Article (103)
A member of the House of Representatives may not be requested to give
testimony in connection to any of his actions, statements or
information he obtained in his capacity as a member of the House
during his term of office or thereafter, except by his own consent and
the approval of the House.
Article (104)
No member of the House of Representatives may be subjected to any
legal proceedings or be brought to justice except after decision of
the majority of the total membership of the House lifting his immunity
or after he clearly relinquishes his immunity before the House.
In case of a serious crime or other major offence committed flagrante
delecto, the legal proceedings may be promptly carried out including
putting the member in custody. In the latter instance, the Speaker of
the House of Representatives shall be notified immediately and in
turn, the House shall ensure the integrity of the proceedings that
have been taken against the member. If the House is not in session,
authorization from the Speaker of the House shall be required, and the
House of Representatives shall be notified in the first following
sitting of whatever criminal proceedings have been taken against that
member.
Article (105)
A member of the House of Representatives is accountable to the House
that, upon request of one-third of the total of its membership, may
debate revoking his membership if he commits an act that infringes on
the honor of his duties as a member of the House. The House, upon a
decision of the majority of its total membership, may refer the matter
to the Constitutional Court to decide on the removal of that member
from office.
The House own rules and standing orders shall determine the
circumstances and the conditions that govern the removal of a member
of the House from office, and the necessary procedure for referring
the case to the Constitutional Court. This shall not prejudice the
individual and personal legal liability of the member for his
violations to the law.
Article (106)
As his term of office ends, immunity of a member shall not cease with
respect to statements made or actions taken by him in exercise of his
duties as a member of the House.
Article (107)
A member of the House of Representatives shall not hold other public
or private employment during his term of office, buy or lease any
States assets, sell his own assets to, or exchange it with the State,
or conclude a contract with the State as an entrepreneur, supplier or
contractor.
The State shall secure the positions of those employed by it and who
are elected to the House of Representatives.
The House of Representatives shall decide, upon request, of
resignation of any of its members in accordance with its own rules and
standing orders.
Article (108)
Each member of the House of Representatives, in the first month of his
term of office, shall present a declaration of personal finances for
him, his spouse, and his minor children. The statement must provide
details if his movable and non-movable property, cash assets, debts,
or dues in Palestine and abroad. The declarations shall be kept at the
custody of the Constitutional Court.
The Advisory Council
(Articles 109-111)
Article (109)
An Advisory Council composed of one hundred and fifty members shall be
established according to this Constitution. In its formation due
consideration shall be given to the ratio of distribution of
Palestinian population in Palestine and abroad. The law shall regulate
election or appointment of its members according to their countries of
residence. The President of the State may appoint up to ten
non-Palestinian members who have been distinguished with noble
services for the Palestinian cause.
Article (110)
The Advisory Council mandate shall include:
- Debating of general strategic issues and submission of adequate
advice;
- Suggestions related to Palestinian national rights, the security of
Palestinian territory, and the rights of Palestinians abroad;
- Discussion of constitutional amendments and presentation of opinions
regarding these amendments.
- Whatever subject matters the President of the State refers to the
Council concerning general policy in Arab and international affairs
for the State of Palestine;
- Draft laws referred by the President of the State concerning
Palestinian expatriates; and
- That which members of the Council set for discussion.
Article (111)
The Advisory Council shall send its recommendations to the President
of the State, to the Prime Minister and to the Speaker of the House of
Representatives. The President of the State shall order the
promulgation of these recommendations in the official gazette.
Section Two
The Executive Authority
(Articles 112-158)
First: The President of the State
(Articles 112-130)
Article (112)
The President of the State is the President of the Republic. He shall
see that the Constitution is observed and uphold the unity of the
People. He shall ensure the proper functioning of the public
authorities, the continuity of the State and its national
independence. He shall exercise his functions and responsibilities as
specified in this Constitution. Save what is provided by this
Constitution that shall be conferred to the President of the State,
the executive and administrative powers of the Government shall be the
responsibility of the Council of Ministers.
Article (113)
Conditions of eligibility for election to the office of President
shall be bearing the Palestinian nationality exclusively, being at age
not less than forty years on the day of nomination and shall be
enjoying his civil and political rights.
Article (114)
The President shall be elected by direct vote of the people. The
President shall hold office for five years. A person who holds office
as President, shall be eligible for re-election to that office once,
but only once.
Article (115)
The President shall enter upon his office on the day following the
expiration of the term of office of his predecessor or as soon as may
be thereafter.
In the event of his predecessor's removal from office, death,
resignation, or permanent incapacity established as provided by
articles 90 and 118 hereof, The President shall enter upon his office
as soon as may be after the election. Prior to entering upon his
office, the President shall take and subscribe publicly, before the
House of Representatives and in the presence of the Head of the High
Council the of Judiciary, the following oath:
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. May God be my witness.
Article (116)
The President of the State, in the first month of his term of office,
shall present a declaration of personal finances relative to him,
his/her spouse and his minor children. The declaration shall provide
details of his movable or non-movable property, cash assets, debts, or
dues in Palestine and abroad. The declarations shall be kept at the
custody of the Constitutional Court.
Article (117)
Law shall determine the remuneration of the President of the State.
Article (118)
The Presidency of the State shall fall vacant by:
- Upon death of the incumbent, or
- Upon resignation, or
- Should the Constitutional Court on a reference from the House of
Representatives by two-thirds majority of the total of its membership,
rule that the President of the State is incapacitated and unable.
Article (119)
Should the Presidency of the State fall vacant for any reason
whatsoever, or should the House of Representatives proceed with
impeachment as provided in article 90 of this Constitution, the
Speaker of the House shall temporarily exercise the powers and duties
of the President of the State.
In accordance with the elections law, the ballot for the election of
the new President shall be held not more than sixty days after the
beginning of the vacancy. Should the Speaker of the House decided to
go for candidacy for the office of presidency, or a legal hindrance
prevents him from assuming the presidency, the President of the
Constitutional Court shall temporarily assume the presidency until
elections for the president is being held. In this manner, the
President of the Court shall not be an eligible candidate for
presidency.
Article (120)
The President of the State may direct the Council of Ministers in
setting its general policy.
Article (121)
The President of the State shall appoint the Prime Minister on the
proposal of the party that obtained the greatest number of seats in
the House of Representatives, after consultations with leaders of
other parties represented in the House. Should the appointed Prime
Minister fails to compose his government not more than forty five days
of time, the President of the State shall appoint a new Prime Minister
and so on until a government is composed.
Article (122)
The President of the State shall accredit laws after their approval by
the House of Representatives not more than thirty days of being
transmitted to him. The President shall order promulgation.
The President of the State may, before the expiry of that time limit,
raise objections against a draft law approved by the House of
Representatives. Supported by his own reasoning, The President of the
State may ask the House to reconsider such approval. Should the time
limit being expired with no accreditation or objection, the said law
shall be of full force and effect and shall be promulgated in the
official gazette.
Should the President of the State transmit back the said draft law
prior to the time limit expiry, and should such draft law receive a
second approval by a two-third majority of the total membership of the
House, it shall be of full force and effect and shall be promulgated.
In all manners relevant, The Constitutional Court, upon a request of
the House of Representative may issue a decision of promulgation.
Article (123)
The Prime Minister, or any minister delegated by him, shall negotiate
international treaties. The President of the State shall be informed
of the course of negotiations. Conclusion of international treaties
shall require approval of the Council of Ministers and accreditation
of the President of the State.
Article (124)
Save as provided by this Constitution, the President of the State
shall enjoy the following powers:
- The President shall preside on the Council of Ministers sittings in
time of a state of emergency and in similar exceptional circumstances.
- The President shall issue decrees and request its promulgation. He
may ask the Council of Ministers to reconsider any of its decrees not
later than seven days after the transmission of the said decision to
the Office of Presidency. Should the said decree receives a second
approval by the Council of Ministers, or should the time limit expires
without issuing the decree, the said decree shall be of full force and
effect and shall be promulgated.
- The President of the State shall exclusively issue the decree for
the appointment of the Prime Minister and the decree accepting the
resignation of the government, declare it to be considered to have
resigned or declare it resigned. Other decisions and decrees shall be
signed jointly by him, the Prime Minister or the relevant Minister or
Ministers. The Prime Minister, in person, jointly with the President
of the State shall countersign decrees of issuance of laws,
reconsideration of laws, and decrees calling for the House of
Representatives to convene in an exceptional extra-ordinary session.
- The President of the State shall communicate, when necessary, with
the House of Representatives by means of speeches which shall not be
the occasion for any debate.
- He shall transmit draft laws approved by the Council of Ministers to
the House of Representatives.
- The President of the State shall have the right to grant pardon and
the right to commute criminal sentences. Amnesty shall be exclusively
granted by law.
- The President of the State shall grant State decorations by decree.
Article (125)
The President of the State, on the proposal of the Minister of Foreign
Affairs, shall accredit ambassadors and envoys extraordinary to
foreign powers, international and regional organizations, and he shall
terminate their term of office. Foreign ambassadors and envoys
extraordinary shall be accredited to him.
Article (126)
The President of the State shall be the higher commander-in-chief of
the Palestinian National Security forces, which shall be headed
inclusively by a delegated minister
Article (127)
The President of the State may establish specialized advisory councils
of qualified, specialized, and experienced persons to participate by
expressing their opinions and thus benefiting from national
capabilities.
State of Emergency
(Articles 128-130)
Article (128)
In agreement with the Prime Minister and in consultation with the
Speaker of the House of Representatives, whenever the security of the
Nation is under serious threat due to war, natural disasters or siege,
or the integrity of the society and the proper functioning of its
constitutional public authorities is interrupted, the President of the
State may declare a state of emergency.
The state of emergency shall not be declared unless its measures is
necessary to restore public order or proper functioning of public
authorities, or to confront disaster or siege. The exercise of state
of emergency shall not exceed thirty days of time and may only be
extended once, by approval of two-third majority of the total
membership of the House of Representatives, with the exception of the
state of war. In all cases, any declaration of a state of emergency
shall specify the purpose thereof, the region and time period covered
thereby.
Article (129)
After the declaration of the state of emergency, the Council of
Ministers may, if events necessitate the taking of speedy measures to
confront situations that cannot be delayed, issue orders that shall
gain approval of the President not more than three days. These decrees
shall then have the force and effect of law. They shall be presented
to the House of Representatives in its first sitting after the
declaration of the state of emergency, or in the sitting of its
extension, whichever occurs first, to decide upon it, otherwise they
lose their legal force and effect retroactively. Should the House of
Representatives not approve them, they shall cease to have any legal
effect, and the House shall decide how to remedy its effects without
prejudice to any material rights of third parties.
Article (130)
In time of state of emergency it is forbidden to impose restrictions
on basic rights and liberties, except to the extent strictly required
by the exigencies of the situation in order to preserve the integrity
of the Nation. All decisions and actions taken by the Council of
Ministers in time of state of emergency shall be subject to judicial
review. The competent courts shall examine grievances of this nature
in not more than three days.
Second: The Prime Minister
(Articles 131-140)
Article (131)
The conditions of eligibility of the Prime Minister and the ministers
shall be bearing the Palestinian nationality exclusively, being at age
not less than thirty-five years.
Article (132)
The Prime Minister shall compose the government. When presenting his
government to the President of the State, the Prime Minister shall
assign members of his government to various ministries. The Prime
Minister shall present the members of his government and its program
to the House of Representatives to obtain its confidence.
Article (133)
If the Prime Minister fails to obtain confidence of the House of
Representatives within three weeks, the President of the State shall
resume consultations for a new appointment in accordance with Article
(122) of this Constitution.
Until the new government succeeds to gain confidence of the House, the
incumbent Prime Minister continues to perform minimum duties.
Article (134)
The Prime Minister shall preside over the activities of the
government. Every minister shall be accountable to the Council of
Ministers in accordance with internal regulations consistent with the
Constitution. The Prime Minister and the ministers are individually
and jointly responsible for the actions of the government before the
House of Representatives.
Article (135)
When recomposing the government, adding new ministers, or filling a
vacancy for any reason whatsoever, the new ministers shall be present
before the House of Representatives at its first sitting for a vote of
confidence. Should the change affected more than one third of members
of the Council of Ministers, a vote of confidence on the whole
government must be held. The Prime Minister or any other minister
shall not perform any power and duty of his office until confidence is
obtained from the House of Representatives.
Article (136)
After obtaining confidence, the Prime Minister and the Ministers shall
take and subscribe publicly, before the President of the State and the
House of Representatives in a joint meeting, the following oath:
I swear by Almighty God to be faithful to the country, to uphold the
rights of the people, and its interests, and to respect the
Constitution and the Law, and to fully carry out my duties. May God be
my witness.
Article (137)
The Prime Minister shall exercise the following powers:
- He represents the government and speaks on its behalf. He shall be
responsible for the implementation of the general policies set by the
Council of Ministers;
- He shall address the House of Representatives on the general policy
of his government;
- He shall call the meetings of the Council of Ministers and set the
agenda of the meetings. He shall inform the President of the State of
the agenda. He shall preside over the meetings of the Council of
Ministers.
- He shall oversee the functioning of the governmental authorities and
public institutions, coordinate relations among ministers, and give
general directives to ensure proper execution of operation.
- He shall sign executive and organizational decrees;
- He shall ensure implementation of legislation and regulations,
coordination of policies and governmental programs;
- He shall approve, on a proposal of the competent minister,
appointment to high ranking posts in accordance with the laws and
regulations relative to appointment in ministries and other public
administration entities.
- He shall propose draft laws;
- He shall promulgate laws that have been approved by the House of
Representatives after being accredited by the president or after being
of full force and effect according to this Constitution; and
- Any other competence legally attributed to him.
Article (138)
The Prime Minister and the Ministers shall not hold any other office
or position of emolument. They shall not pursue another profession,
buy or rent public property, lease or sell any of their property to
the State, or barter with the it. The Prime Minister or any Minister
shall not make use of any information obtained by virtue of
competence, directly or indirectly, in realizing material reward for
his person or otherwise in violation of the law
Article (139)
The Prime Minister and the Ministers shall receive such emolument and
allowances on monthly basis as determined by the law.
Article (140)
The Prime Minister, the Ministers and those of equivalent positions
shall individually present a declaration of personal finances for him,
his spouse, and his minor children, not more than one month after
obtaining confidence. The declarations shall provide details of
movable and non-movable property, cash assets, debts, or dues in
Palestine and abroad. These declarations shall be kept at the custody
of the Constitutional Court.
Third: The Council of Ministers
(The Government)
(Articles 141-146)
Article (141)
The Council of Ministers shall be composed of a Prime Minister and a
number of ministers, of which half of them at most shall be members of
the House of Representatives.
Article (142)
The executive power shall be exercised by the Council of Ministers.
Article (143)
Upon the call of its President and under his presidency, the Council
of Ministers shall convene in regular meetings. The number of
ministers necessary to constitute a meeting of the Council of
Ministers shall be two-third majority of the total of its membership.
Decisions are reached by consent or by voting with a majority of its
members present, unless otherwise provided by this Constitution or by
the Councils own Rules and Standing Orders.
The Council of Ministers shall exercise its powers and
responsibilities in accordance with the provisions of this
Constitution and laws and regulations governing the operation of the
Government.
Article (144)
The Council of Ministers shall have the following competencies:
- Determine public policy, in the light of the its program approved by
the House of Representatives;
- Conduct public policy, laws and regulations, and ensure respect and
compliance therewith;
- Proposing new draft laws;
- Preparing the budget draft law 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 operation;
- Debate the proposals and plans of each ministry, and its policies
under its mandate;
- Approve the system of administrative structure;
- Issuance of organizational rules and necessary law-enforcement rules
of procedure, as well as rules of supervision and organization of
public utilities;
- Appointment of civil servants and military personnel on the proposal
of the competent minister and in accordance with the law; and
- Any other competencies granted the Council by this Constitution or
the law.
Article (145)
The law of the Executive Authority shall establish a number of
standing commissions of the Council of Ministers. From among the
chairpersons of those commissions, one or more shall be appointed as
deputy/ deputies to the Prime Minister.
Article (146)
The Council of Ministers may issue the rules, orders and regulations
necessary to exercise of its powers.
The Ministers
(Articles 147-152)
Article (147)
The minister is the highest administrative chief of his ministry.
Every minister shall, within his own mandate and under the supervision
of the Prime Minister, enjoy the following powers and authorities:
- Proposing the general policy for his ministry and overseeing its
implementation after adoption;
- Overseeing the course of operation at the ministry and issue the
necessary directives for its performance;
- Proposing draft laws related to his ministry before the Council of
Ministers;
- Implementing the budget within the scope of, and according to the
allocations approved for his ministry;
- Recruiting candidate employees for high ranking posts and propose
them before the Council of Ministers, for appointment. Appointment of
other employees shall be within the power of the competent minister in
accordance with the law and within the scope of the budget;
- Delegating some of his administrative powers and authority to the
deputy minister or to other senior officials in his ministry in
accordance with the law;
- Supervising the implementation of laws and regulations related to
his ministry; and
- Any other power to be assigned to him by law.
Article (148)
Each minister shall act, within the boundaries of his competence, to
apply laws and regulations, and to execute governmental plans and
programs as provided by this Constitution and the laws governing the
work of the Executive Authority.
Article (149)
Impeachment of the Prime Minister or any of the Ministers with high
treason, breach of the Constitution, committing a felony or for
violation of his office responsibilities, should be proposed by
one-third of members of the House of Representatives. The decision to
impeachment shall not be declared unless it is supported by not less
than two-thirds of the total membership of the House.
As being impeached, the person shall promptly be transferred for
interrogation.
Article (150)
As being transferred to interrogation, the person shall cease exercise
any of his powers and responsibilities until a conclusive judgement is
decided by the Constitutional Court. The Chief Public Prosecutor or
his representative shall execute the procedures of investigation and
indictment. Neither The removal from office nor the resignation may
prevent establishment of, or proceeding with the lawsuit.
Article (151)
The government shall be considered to have resigned and shall be
re-composed:
- At the beginning of a new term of office of the House of
Representatives after every legislative election;
- After withdrawal of confidence from the Prime Minister, the
Government or more than one-third of the ministers, in accordance with
Article 87 of this Constitution;
- In the case of death of the Prime Minister;
- Upon resignation of the Prime Minister, voluntarily or through a
presidential decree, or upon resignation of not less than one-third of
the ministers; or
- If the Prime Minister become incapacitated or unable to perform the
duties of his office in accordance with a request from the majority of
the total membership of the House of Representatives followed by a
decision from the Constitutional Court.
Article (152)
The previous government shall continue directing governmental affairs
until the new government is being composed in accordance with this
Constitution.
Security Forces
(Articles 153-154)
Article (153)
The National Security Forces shall be the property of the Palestinian
people. It shall assume the task of protection and security of the
Palestinians and defending the State. They shall be headed by a
competent minister. The President of the State shall be
commander-in-chief of the Palestinian National Security Forces. No
military or armed force, other than the National Security Forces
network, shall be raised or maintained for any purpose whatsoever. The
law shall regulate the conditions to declare the general mobilization.
Article (154)
The Police shall be a civilian department, part of the Ministry of the
Interior. The law shall regulate its role to serve the people, defend
society, and exercise vigilance to maintain security, public order and
common morals. It shall perform its duty within the limitations
defined by law and in full respect of all the rights and liberties set
forth in this Constitution.
Public Administration
(Articles 155-156)
Article (155)
Appointment of civil servants and all persons working for the State
and the conditions of their employment shall be in accordance with the
law.
Article (156)
All civil service related matters, including appointment, transfer,
delegation, promotion, and retirement, shall be regulated by law. The
General Personnel Department, in coordination with the concerned
governmental departments, shall strive to improve and develop the
public administration. Its advice on draft laws and regulations
particular to the public administration and its employees shall be
seek.
The Public Audit Bureau
Article (157)
An independent body called the Public Audit Bureau shall be
established by law. Its jurisdiction and competence shall be governed
by law. The Chief Public Audit shall be proposed by the Council of
Ministers, appointed by the President of the State, and approved by
the House of Representatives.
Local Government
(Article 158)
Article (158)
Law, on the basis of administrative decentralization shall regulate
the relationship between the Government and the units of local
government. Units of local government shall be a legal person. Their
councils shall be elected. The law shall stipulate the methods by
which they are established and structured, and by which their councils
shall be elected, as well as their competence and power.
Section Three
The Judicial Authority
(Articles 159-177)
Article (159)
The judicial Authority shall be independent. It shall have inherent
competence to perform judicial function. It shall be entrusted with
deciding all legal disputes and crimes. The law shall determine the
institutions of the Judicial Authority and its organization. The law
shall also determine the classification of the court system and its
jurisdiction, as well as, its rules of operation.
Exceptional courts shall not be established.
Article (160)
The affairs of the judicial institutions shall be entrusted with the
High Council of the Judiciary. The law shall determine the
organization and the competence of the Council in a manner that ensure
its independence, equality and cooperation with other Public
Authorities. The Council shall have the right to set its own rules and
regulations. The Council shall give its opinion on draft laws
concerning the regulation of judicial affairs.
Article (161)
In accordance with the law, the President of the High Council of the
Judiciary shall be appointed by the President of the State and shall
be approved by the House of Representatives. The law shall regulate
the appointment of other Council members and their conditions of
eligibility.
Article (162)
In accordance with the law, the High Council of the Judiciary shall
set its own rules and standing orders governing appointments,
assignments, transfers, promotions and disciplinary measures related
to judges.
Article (163)
A judge shall declare and subscribe the legal oath before the High
Council of the Judiciary as provided by the law of the Judicial
Authority.
Article (164)
Upon his appointment, the judge shall a declaration of personal
finances relative to him, his spouse, and his minor children. The
declaration shall provide details of his movable or non-movable
property, cash assets, debts or dues, in Palestine and abroad. The
declarations shall be kept at the Constitutional Court.
Article (165)
Court shall hold its sessions in public, unless the court decides they
shall be closed for reasons related to public order or morals, or
pursuant to a request made by the adversaries. In all circumstances,
sentences shall be pronounced in a public session.
Article (166)
Judicial sentences shall be issued, pronounced, and executed in the
name of the People and according to the law.
Article (167)
Litigation procedure shall be regulated by law to guarantee justice
speedily adjudication.
Article (168)
Judges shall be independent in the exercise of their judicial
functions and subject only to the law and their conscience. They shall
be irremovable. The law shall regulate the conditions of expiration of
the term of office of judges and their disciplinary matters before the
High Council of Judiciary as provided by the law without infringement
on their independence in performing their functions.
No person shall be permitted to interfere in the judicial procedure or
obstruct the execution of court decisions. Interference in any
judicial procedure or the obstruction of the execution of court
decisions shall constitute a crime and shall be punishable by law. Any
lawsuits arising as a result thereof shall not lapse by prescription.
Article (169)
The law shall determine the conditions of eligibility, transfer,
succession, promotion and organization of the affairs of the judges.
Judges shall not hold any other office or position of emolument. They
shall not pursue any profession or membership in the House of
Representatives or political parties. While assuming a judicial
profession, judge shall not possess any nationality other than the
Palestinian nationality.
Article (170)
A Court of Cassation shall be established with jurisdiction over
appeals in criminal and civil matters. Law shall determine its
formation, jurisdiction, and operational procedures.
Article (171)
A Supreme Court of Justice shall be established with jurisdiction to
decide administrative disputes and disciplinary cases as provided by
the law that establishes the court. Such law shall regulate its rules
of operation, the conditions of eligibility of its judges and other
staff members, and its rules of procedure. Law may establish lower
administrative courts.
Article (172)
A Military Court shall be established by law. The court shall be
entrusted with deciding military disputes. It shall not decide any
case of civilian nature or any case outside the military sphere.
The Bureau of the Public Prosecutor
(Articles 173-177)
Article (173)
The Bureau of the Public Prosecutor is an institution of the Judicial
Authority. It is part of the organizational structure of Ministry of
Justice and governed by of the laws governing the Judicial Authority.
Article (174)
A Chief Public Prosecutor shall be appointed to preside over the
Office of the Public Prosecutor. The Minister of Justice shall
nominate the Chief Public Prosecutor, who shall be appointed by the
Council of Ministers. His competence, his deputies and their duties
shall be as provided by law.
Article (175)
The Office of the Public Prosecutor shall undertake public cases in
the name of the People and in accordance with the law.
Article (176)
The judicial police shall be subject to the direct supervision of the
Judicial Authority.
Article (177)
The Ministry of Justice shall be entrusted with organizing the bodies
responsible for the administration of the Judiciary. This shall be
without infringing on the professional supervision of the High Council
of the Judiciary over the judicial system, including the Office of the
Public Prosecutor.
The Constitutional Court
(Articles 178-184)
Article (178)
Pursuant to this Constitution, a Constitutional Court shall be
established to exercise its jurisdiction independently, and to
preserve the legality of the work of the institutions of the State.
The Court shall consist of nine judges, whose term of office shall be
nine years and shall not be renewable or extendable.
The Council of Ministers shall nominate judicial candidates, to be
appointed by the President of the State and then approved by the House
of Representatives the members of the Constitutional Court shall be
appointed by the President of the State on the proposal of the Council
of Ministers and the approval of the House of Representatives. The
Court shall establish its own rules of organization and operation.
Article (179)
The Constitutional Court judges shall elect, amongst them as president
of the court for a three-year term of office.
Before commencement of their constitutional powers, the President of
the Court and the judges at the Constitutional Court shall take the
legal oath before the President of the State, the Speaker of the House
of Representatives and the President of the High Council of the
Judiciary jointly:
Article (180)
A judge of the Constitutional Court shall not assume any other
employment or conduct any commercial, political, or partisan activity.
Shall the judge be a member of a political party, he shall terminate
that membership prior to taking the legal oath.
Article (181)
Membership of the Constitutional Court shall terminate:
- At the end of a judges term of office as provided by this
Constitution;
- By voluntary resignation;
- By loss of any of conditions of eligibility to membership; or
- By judicial conviction for a criminal offense.
A successor shall be appointed not more than one month of the position
becoming vacant.
Article (182)
Pursuant to a request from the President of the State, the Prime
Minister, Speaker of the House of Representatives, ten members of the
House of Representatives, Court of Appeal, Court of Cassation, Supreme
Court of Justice and the Chief Public Prosecutor, the Constitutional
Court shall examine the conformity of the following matters with this
Constitution:
- Laws, (prior to being promulgated before their promulgation, may be
referred to the Constitutional Court, which shall rule on their
conformity with the Constitution. This referral shall be made in less
than thirty days from transmitting these laws to the President of the
State for accreditation and promulgation;
- Deciding disputes related to the conformity with the Constitution of
laws, ordinances, regulations, measures and decisions issued or taken
by the President of the State or the Council of Ministers, which have
the force of law;
- Interpretation of constitutional texts when a dispute arises over
the rights, duties, or competencies of the three public authorities,
and when a dispute on competence arises between the President of the
State and the Prime Minister;
- Deciding disputes related to the programs and activities of
political parties and associations, their dissolution and suspension
procedures, and their conformity with the Constitution;
- The conformity with the Constitution of signing treaties and the
procedures for their implementation, and deciding nullity of the law
or parts thereof, when violates the Constitution or an international
treaty; and
- Any other competence assigned to it by this Constitution.
Article (183)
The Constitutional Court shall render void or end the effectiveness of
the law, regulation, ordinance or measure not conform with the
Constitution, in accordance with the law governing its operation.
Article (184)
Decisions of the Constitutional Court shall be final. It shall not be
contested under any kind of review (in any manner). The decisions
shall be binding to all public authorities and persons.
CHAPTER FOUR
CONCLUDING PROVISIONS
(Articles 185-190)
Article (185)
This Constitution shall be called the Constitution of Palestine; it
shall be based on the will of the Palestinian people
Prior to the establishment of the Independent State, the Palestine
National Council of the Palestine Liberation Organization shall
approve this Constitution. In case of the inability of the Council to
convene, the Palestine Central Council of the Palestine Liberation
Organization shall approve this Constitution
Upon establishing the Independent State of Palestine, and promptly
after the first general elections, the first House of Representatives,
by consent of two-third majority of the total of its membership, shall
have the authority to give the final approval to this Constitution.
The House, by majority of the total of its membership, may decide on
submitting this Constitution by Referendum to the decision of the
people. If a majority of the votes cast at such Referendum shall have
been cast in favor of its enactment, this Constitution shall be of
full force and effect as the official vote results declared.
Article (186)
The President of the State, the Prime Minister or one-third of the
members of the House of Representatives may propose to initiate
amendment of any provision of this Constitution by way of variation,
addition, or repeal.
In all cases, every proposal shall not be formally valid without
consent of a two-thirds majority of the total membership of the House
of Representatives. If such majority is not obtained, no more
proposals for amendment shall be initiated before the expiry of
one-year duration. The House of Representatives shall discuss the
subject of the proposal of amendment in no more than sixty-days after
the formal validity of such proposal. The amendment shall be approved
by two-third majority of the total membership of the House.
The House, by majority of the total of its membership, may decide on
submitting the amendment by Referendum to the decision of the people.
If a majority of the votes cast at such Referendum shall have been
cast in favor of its enactment, this amendment shall be of full force
and effect as the official vote results declared.
Article (187)
Subject to this Constitution, and to the extent to which they are not
inconsistent therewith, all laws, regulations, resolutions, agreements
and treaties in force immediately prior to the date of the coming into
operation of this Constitution shall continue to be of full force and
effect until the same or any of them shall have been repealed or
amended in accordance with the law.
Article (188)
The legislative authority shall prepare and approve the draft laws
necessary to set up legal and administrative structures for
implementing the provisions of this Constitution and its requirements,
and to establish those institutions created herein not more than six
months after the Constitution is becoming of full force and effect.
Article (189)
Public institutions shall continue to exercise their powers according
to the constitutional and legal rules governing its functions until
the necessary legislation is set up, as demanded in this Constitution.
Article (190)
The Basic Law promulgated on May 29, 2002, and anything contrary to
the provisions of this Constitution shall be and are hereby repealed.
Issued in the city of _____________ on ___ / ___ / 2003 AD
Corresponding to ___ / ___ / 1424 A.H. [Hejira year]
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