Status of Legislation in the Palestinian Territory: 2007-2012

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.