الفصل بين السلطات في ظل الانقسام
صلاح أحمد محمد العجارمة
Salah Ahmad Mohammad Al Ajarma
The aim of this study is to study the effects of the Palestinian party-political division on the separation of powers (of branches of governance) in Palestine and the subsequent effects on public freedoms and civil rights using a descriptive analytical approach. The findings of this study are divided into two chapters: The first chapter discusses the role of authorities in light of the political divide, by analytically discussing relevant Palestinian legislation regarding the three branches of governance, (legislative, executive and judicial) within the Palestinian political system. The chapter aims to identify the role of different authorities and to consider factors influencing the Legislative Council’s malfunction. The chapter further discusses the functions exercised by the president (of Palestinian National Authority) and the Prime Minister (Head of Government) in order to discuss the composition of the executive branch of government. The chapter further discusses the interrelationship of the president of the Palestinian National Authority and the Prime Minister, thereby illuminating the relationship between the three branches of governance through the cooperation and oversight that they exercise on each other; this will be achieved by analyzing the amended primary legislation. The second chapter discusses the impact of the political divide on the separation of powers and the consequent implications within Palestinian civil society and the administration, reflecting on its impact on various aspects of the lives of Palestinians, both at an individual and societal level, as indicted in a range of reports by rights-based expert authorities. The chapter also highlights the interplay or tension between the branches of governance and the hegemonic power of the executive authority, represented by the president of the Palestinian President (Head of State), a role which is empowered to issue decisions and laws that are inconsistent with the Basic Law regarding public freedoms. The study concludes by summarizing the findings of the researcher, including proof of the hypothesis that the executive authority exercises superordinate power over other authorities by granting the office of the president the right to issue decrees that have the power of law, in exceptional circumstances and cases of necessity, in accordance with the text of Article 43 of the amended Basic Law; this clause gives such right in cases of necessity that cannot be delayed, and when the Legislative Council is not in session. The research also concludes with a set of recommendations, the most important of which is the necessity of working to end the party-political divisions, of prioritizing legislative and presidential elections that restore power and rights to the Legislative Council and of working to amend the Palestinian Basic Law (the Constitution) through a referendum.