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Status of Legislation in the Palestinian Territory: 2007-2012

Wednesday
April 18, 2012
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Supported by Konrad Adenauer Stiftung, the Institute of Law (IoL) at BZU organized a legal encounter on the Status of Legislation in the Palestinian Territory from 2007-2012 on 14 March 2012. With keynote speaker Dr. Ahmed Al-Khalidi, Professor of Constitutional Law at An-Najah National University, the encounter brought together members of the Palestinian Legislative Council (PLC), judges, academics, representatives of civil society organizations and government bodies, as well as students from the Faculty of Law and Public Administration at BZU.

 

                        

 

 

Dr. Ghassan Faramand, IoL Director, explained that Palestine is marred by a dichotomy between law and practice. Though confirmed by Palestinian legislation, including the Basic Law, the separation of powers doctrine is the most vivid example of this contradiction. He further inquired about the Palestinian Judiciary’s role in eliminating such dichotomy.

In his opening remarks, Dr. Al-Khalidi expressed his gratitude to the IoL for organizing this legal encounter to address such a critical issue. He added that although it dates back to earlier historical periods, the status of Palestinian legislation, from 2007 to 2012 in particular, has posed an outstanding problem. He stated: “Different legal systems were already in place when the Palestinian Authority (PA) was established. In responding to the Palestinian needs and interests, it was hoped that the PA would consolidate legislation in the West Bank and Gaza Strip and establish equality before the law as the most significant manifestation of sovereignty.”

Khalidi presented some unsuccessful examples of the PA’s attempts at consolidating legislation. According to Khalidi, enforcement of the Basic Law has seen innumerable infringements, thus further entrenching the current legislative crisis.  He proposed some solutions that would support PA consolidation efforts.

In the ensuing discussion, participants highlighted the need to eliminate the legislative dichotomy, which has been generated by the current political conditions in Palestine.

 

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