Main Principles and Peculiarities of the Draft Constitution of Palestine

Main Principles and Peculiarities of the Draft Constitution of Palestine

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The process of constitutional development of Palestine is not over yet and is on the level of the national discussion over the third project of the constitution.First endeavours to work out a draft constitution refer to the 80s of the XX century.The first il barone wine meaningful result was the adoption in 1997 of the Basic Law, which was endorsed by Yassir Arafat only in 2002.

The next step was the creation of special commission responsible for drafting the constitution headed by Minister Nabil Shaas.In 2003 there was released third draft constitution.It sets stage-by-stage adoption of the constitution, on the last stage it should be approved on the referendum, and this brings uncertainty in the process of adoption and may undermine the legitimacy of future government and its institutions.

This is connected with the elaboration process which is not transparent and people cannot participate in it.One of the peculiarities of the project is that in the elaboration of the constitution a considerable number of specialists in the field both from Arab countries and the West took part what influenced its content.The draft constitution does not contain a preamble.

In the text of the Constitution Palestine is declared as footjoy weste herren independent, sovereign state with the republican form of government.It is also declared to be a peace-loving state, condemning terror and aggression.One of the major principles there are principles of democracy, independence of the courts, market economy, competition, protection of human rights and fundamental freedoms.

Jerusalem is named as the capital of a new state.The future constitution is to be the basis for the new legal system.That is why its quality as its core is out of doubt.

Adoption of the constitution will be a new stage in the state development of Palestine, but it should be noted that there are still lacking the conditions for finalizing the constitutional process and adoption of the permanent constitution.