Legal status of the president of the national authority, the council of ministers and legislative council in Palestine

The Basic Law of 2003 stipulates that the governing system in Palestine is a parliamentary democratic system based on political and party pluralism, in which the President is elected directly by the people. Article 2 of the Basic Law 2003 provides that the people of Palestine are the source of power...

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Main Author:	Hamad, Ahmed Mohammed Adnan
Format:	Thesis
Language:	eng eng eng
Published:	2022
Subjects:	K Law (General)
Online Access:	https://etd.uum.edu.my/9932/1/depositpermissioan_s903252.pdf https://etd.uum.edu.my/9932/2/s903252_01.pdf https://etd.uum.edu.my/9932/3/s903252_02.pdf
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id	my-uum-etd.9932
record_format	uketd_dc
spelling	my-uum-etd.99322022-10-12T01:50:19Z Legal status of the president of the national authority, the council of ministers and legislative council in Palestine 2022 Hamad, Ahmed Mohammed Adnan Mohd. Anuar, Haslinda Halim, Rohizan Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) The Basic Law of 2003 stipulates that the governing system in Palestine is a parliamentary democratic system based on political and party pluralism, in which the President is elected directly by the people. Article 2 of the Basic Law 2003 provides that the people of Palestine are the source of power, which shall be exercised by the authorities based upon the principle of separation of powers. The Council of Ministers is accountable to the President and the Legislative Council. However, the Palestinian legal system is currently facing a legal gap. The ambiguity and discrepancy of legal provisions regulating the relationship between the authorities have led to an overlapping of powers and functions between the President, the Council of Ministers, and the Legislative Council. Moreover, political division between the Gaza Strip and the West Bank also contributes to the overlapping of powers and functions between the authorities. Overlapping of powers covers many fields such as legislative, security, financial and appointment to senior positions. This research aims to identify the powers and functions of the President, the Council of Ministers, and the Legislative Council, the overlapping of powers and functions between these authorities and the impact of political division between the Gaza Strip and the West Bank on the Palestinian legal system. To achieve these objectives, socio-legal research using interviews as a tool for qualitative research was engaged. The results proved that there is an overlapping in the powers and functions between the President, the Council of Ministers and the Legislative Council in many fields. In addition, the political division also brought a negative impact on their relationship. The results suggest amending the provisions of the Basic Law 2003 and related laws by removing ambiguity and discrepancy to prevent this overlapping of powers and functions between the President, the Council of Ministers, and the Legislative Council. Furthermore, presidential and legislative elections should be conducted in Palestine to put an end to political division and activating the role of the Supreme Constitutional Court will help to provide a solution to the problems, therefore, achieving the objectives of this study. 2022 Thesis https://etd.uum.edu.my/9932/ https://etd.uum.edu.my/9932/1/depositpermissioan_s903252.pdf text eng 2023-09-01 staffonly https://etd.uum.edu.my/9932/2/s903252_01.pdf text eng 2023-09-01 staffonly https://etd.uum.edu.my/9932/3/s903252_02.pdf text eng public other doctoral Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng eng
advisor	Mohd. Anuar, Haslinda Halim, Rohizan
topic	K Law (General)
spellingShingle	K Law (General) Hamad, Ahmed Mohammed Adnan Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
description	The Basic Law of 2003 stipulates that the governing system in Palestine is a parliamentary democratic system based on political and party pluralism, in which the President is elected directly by the people. Article 2 of the Basic Law 2003 provides that the people of Palestine are the source of power, which shall be exercised by the authorities based upon the principle of separation of powers. The Council of Ministers is accountable to the President and the Legislative Council. However, the Palestinian legal system is currently facing a legal gap. The ambiguity and discrepancy of legal provisions regulating the relationship between the authorities have led to an overlapping of powers and functions between the President, the Council of Ministers, and the Legislative Council. Moreover, political division between the Gaza Strip and the West Bank also contributes to the overlapping of powers and functions between the authorities. Overlapping of powers covers many fields such as legislative, security, financial and appointment to senior positions. This research aims to identify the powers and functions of the President, the Council of Ministers, and the Legislative Council, the overlapping of powers and functions between these authorities and the impact of political division between the Gaza Strip and the West Bank on the Palestinian legal system. To achieve these objectives, socio-legal research using interviews as a tool for qualitative research was engaged. The results proved that there is an overlapping in the powers and functions between the President, the Council of Ministers and the Legislative Council in many fields. In addition, the political division also brought a negative impact on their relationship. The results suggest amending the provisions of the Basic Law 2003 and related laws by removing ambiguity and discrepancy to prevent this overlapping of powers and functions between the President, the Council of Ministers, and the Legislative Council. Furthermore, presidential and legislative elections should be conducted in Palestine to put an end to political division and activating the role of the Supreme Constitutional Court will help to provide a solution to the problems, therefore, achieving the objectives of this study.
format	Thesis
qualification_name	other
qualification_level	Doctorate
author	Hamad, Ahmed Mohammed Adnan
author_facet	Hamad, Ahmed Mohammed Adnan
author_sort	Hamad, Ahmed Mohammed Adnan
title	Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
title_short	Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
title_full	Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
title_fullStr	Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
title_full_unstemmed	Legal status of the president of the national authority, the council of ministers and legislative council in Palestine
title_sort	legal status of the president of the national authority, the council of ministers and legislative council in palestine
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2022
url	https://etd.uum.edu.my/9932/1/depositpermissioan_s903252.pdf https://etd.uum.edu.my/9932/2/s903252_01.pdf https://etd.uum.edu.my/9932/3/s903252_02.pdf
_version_	1747828703609487360

Legal status of the president of the national authority, the council of ministers and legislative council in Palestine

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