النظام السياسي الفلسطيني في ظل دولة فلسطينية مستقلة: رئاسي أم برلماني The Palestinian political system in the shadow of an independent Palestinian state: presidential or parliamentary

Date
2010-06-02
Authors
رندا نايف سعيدا الزغموري
Randa Nayef Saida Alzajhmouri
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
Abstract
Since the establishment of the Palestinian National Authority in 1994, a mixed political system has been adopted given the specificity of the Palestinian situation and the relatively new Palestinian political experience in this field in addition to the actual needs on the ground that required relatively wide-scale powers to be accorded to the Executive Branch to manage the affairs of the Palestinian political system (during the transitional period). The importance of this study becomes evident through the various problems and issues that emerged as a result of the ambiguity of the Palestinian political system and its foundations which led to a state of instability within this system. This requires further examination of the preferred future Palestinian political system in order to overcome these problems. The principle of separation of powers is the criteria that defines the essence of democratic governments which are characterized by the composition of their three branches of powers and the relations among them based on the existing political system. The separation of powers is the basis that determines the essence of democratic governments whereby the composition of their three branches of powers and their relations to each other depend on their existing political system. The principle of separation of powers is best illustrated by the parliamentary system that adopts a flexible interpretation of the separation of powers contrary to the presidential system that advocates a rigid separation of powers. The separation of powers within the Palestinian political system as stipulated by the provisions of the Basic Law is a flexible and relative separation rather than being absolute. Accordingly, the right to draft legislations is shared between the executive and legislative authorities and it is permissible to combine between work as a minister with membership of the Palestinian Legislative Council. As such, the political system leans closer to the features and characteristics of the parliamentary system. However, direct election of the President of the PNA, the highest position within the executive authority and part of its functions, and according him the right to raise objections to draft legislations passed by the Legislative Council, as well as the President's right to declare a state of emergency.
Description
Keywords
الدراسات الاقليمية, Regional Studies
Citation
Collections