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Dissertation: A Constitution for Palestine (A. Haschayka)
Project funded by own resources
Project title Dissertation: A Constitution for Palestine (A. Haschayka)
Principal Investigator(s) Schefer, Markus
Project Members Hashayka, Abeer
Organisation / Research unit Departement Rechtswissenschaften / Professur für Staats- und Verwaltungsrecht (Schefer)
Project start 01.08.2017
Probable end 31.12.2022
Status Completed
Abstract

The thesis considers the relationship between human rights, democracy, and the separation of powers. It uses the doctrine of the separation of powers as the conceptual framework to analyze the jurisprudence of Palestinian basic law and the draft Constitutional law.

In harmony with main human rights values and principles, constitutional rights help protect the vital interests of individuals. They also involve measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, and participation in decision making. In the current text of the Palestinian Basic Law, some of these rights are guaranteed, whereas others are of concern. Any gap in the Basic Law in the protection of rights will introduce shortcomings in protecting citizens. These gaps in the implementation of the principle of separation of powers at the domestic level, whether they concern individual or collective rights, might not conform to the international human rights obligations of the State of Palestine. Moreover,  there is a conflict between the three branches of the government ( legislative, executive, and judicial) in the Palestinian political system because of the failure to accurately determine each Authority's powers in the Basic Law and the laws and regulations related to the work of the Authority. The other reasons for this conflict are; the overlapping powers between the authorities or the act of encroaching (non-respect) on the powers of other authorities, thus raising many questions on the extent of understanding and respect of the principle of separation of powers by central figures in the Palestinian political system.

This thesis will assess the implementation on the ground from the perspective of separation of power and explain that constitutional democracy holds the key to the promotion of human rights, entrenchment of the rule of law, and the realization of good governance.

Financed by University funds
   

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