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PALESTINE

This is a translation of the Third Draft of the 14th of May 2003, therefore, it contains all amendments made on the Arabic text.

14th of May 2003

CHAPTER ONE
GENERAL FOUNDATIONS OF THE STATE
(Articles 1-18)

Article (1)
Palestine is an independent state with full sovereignty, of a republican form of government. Its territory is an indivisible unit based upon its borders on the 4th of June 1967 and its territorial water, without prejudice to the international resolutions relative to Palestine.
Residents of the State of Palestine shall be subject to Palestinian jurisdiction exclusively.

Article (2)
Palestine is part of the Arab Homeland. State of Palestine shall abide by the charter of the League of Arab States. The Palestinian people is part of the Arab and Islamic nations. Arab unity is a goal of the Palestinian people.

Article (3)
Palestine is a peaceful state, condemns terror, occupation and aggression. It shall promote the resolution of international and regional problems by peaceful means, and shall abide by the Charter of the United Nations.

Article (4)
Jerusalem shall be the capital of the State of Palestine and the seat of its public authorities.

Article (5)
Arabic shall be the official language and Islam shall be the official religion in Palestine. Christianity, and all other monotheistic religions, shall be equally revered and respected. The Constitution guarantees equality in rights and duties to all citizens irrespective of their religious belief.

Article (6)
Law shall determine the flag, motto, seals, emblems and national anthem of Palestine.

Article (7)
The principles of Islamic Shari’a shall be a major source of legislation. The civil and religious matters of the followers of monotheistic religions shall be organized in accordance with their religious teaching and their denominations, within the framework of law and in a manner that preserves the unity and independence of the Palestinian people.

Article (8)
The Palestinian political system shall be a parliamentarian representative democracy, based on political pluralism. It shall guarantee the rights and liberties to all citizens, including the right to form political parties and to engage in political activities, in accordance with law. Palestinian parties shall abide by the principles of national sovereignty, democracy and peaceful transfer of authority, in accordance with this Constitution.

Article (9)
The principle of the rule of law and justice is the foundation of government. All authorities, agencies, departments, institutions and individuals shall abide by the law.

Article (10)
All actions of governmental authorities shall be subject to administrative, political, legal and judicial review in normal and exceptional circumstances. No law shall exempt any action or administrative decision from judicial supervision. The State shall be responsible for compensating damages resulting from errors and risks caused by measures and actions of government employees while carrying out their duties.

Article (11)
The independence of the judiciary and its immunity are basic guarantees for the protection of rights and liberties. No public or private person shall be immune from the law, or from executing judicial rulings. Any act of contempt of the judiciary shall be punishable by law.

Article (12)
Palestinian nationality shall be regulated by law, without prejudice to the rights of those who legally acquired it prior to May 15, 1948, or the rights of the Palestinians residing in Palestine prior to that date, and were forced into exile or departed there from or denied return thereto. This right passes on from fathers or mothers to their progenitor. It neither disappears nor elapses unless voluntarily relinquished as provided by law.
No Palestinian shall be deprived of his nationality. The acquisition and renouncement of Palestinian nationality shall be regulated by law. The rights and duties of citizens with multiple nationalities shall be governed by law.

Article (13)
Palestinians who were forced out of Palestine, or departed there from as a result of the 1948 War, and were denied return thereto, shall have the right to return to the State of Palestine and bear its nationality. It is a permanent, inalienable, irrevocable right and shall not lapse by prescription.
State of Palestine shall strive to apply the legitimate right of return of the Palestinian refugees to their homes, and to obtain compensation in accordance with the United Nations Resolution 194 of 1948, and the principles of International Law, through negotiations, and political and legal channels.

Article (14)
Natural resources, antiquities and historical sites are the property of the People of Palestine. The State shall preserve its optimal exploitation is governed by law.

Article (15)
The State shall strive to achieve a clean, balanced environment. The protection of the environment shall be an official and community responsibility. Tampering with the environment is punishable by law.

Article (16)
The economic system shall be based on free market economy principles, and shall protect economic activity within the context of fair competition. The State may establish public companies regulated by law, without prejudice the principles of the free economy and for the benefit of the Palestinian people.

Article (17)
The State shall strive to promote social, economic and cultural development and scientific advancement of the Palestinian people, with due consideration to social justice, and to the provision of assistance to the more deserving, especially those who suffered during the national struggle.

Article (18)
State of Palestine shall abide by the Universal Declaration of Human Rights and shall seek to join other international instruments that safeguard human rights.

CHAPTER TWO
RIGHTS, PUBLIC LIBERTIES AND DUTIES
(Articles 19-62)

Article (19)
All Palestinians are equal before the law, and are entitled to enjoy civil and political rights and bear public duties without distinction of any kind, such as race, color, religion, gender, political opinion, or handicap.
In all instances, the term ”Palestinian” or “citizen” in this Constitution refers to both male and female.

Article (20)
Basic Human rights and liberties are binding and must be respected. The State shall guarantee religious, civil, political, economic, social and cultural rights and liberties to all citizens on the basis of equality and equal opportunity.
No one shall be deprived of his legal competence, basic rights and liberties for political reasons.

Article (21)
Every Palestinian, eighteen years or older shall have the right to vote in accordance with the law. Each Palestinian national shall have the right to enter presidential elections or parliamentarian elections, and/or assume a ministerial or a judicial post. The law shall regulate the required age and other preconditions for assuming these posts.

Article (22)
Women shall have their right to recognition as a person before the law, and shall have their independent financial entity. They shall have the same rights, liberties and duties as men.

Article (23)
Women shall have the right to participate actively in the social, political, cultural and economic aspects of life. The law shall strive to abolish restraints that prevent women from contributing to the building of family and society. The constitutional and legal rights of women shall be safeguarded. Any violation of such rights shall be punishable by law. The law shall also protect their legal inheritance.

Article (24)
Children shall have all the rights guaranteed by the United Nations Convention on the Rights of the Child.

Article (25)
The right to life is guaranteed by the law.

Article (26)
Everyone has the right to security of person.
No one shall be subjected to torture, physical or psychological, or to cruel, inhuman or degrading treatment or punishment. Planning, performing or taking part of any of these actions shall constitute a crime and shall be punishable by law. Such crimes shall not lapse by prescription. Confessions proven to be extorted under torture or serious threat of torture, shall not be considered proof of guilt. Those who carry out or give instructions or take part in torture shall be subjected to law.

Article (27)
No one shall be subjected without his free legal consent to medical or scientific experimentation. No surgery, medical examination or treatment shall be performed on a person, except being proponent with law.
The law shall govern the transplant of organs, cells and other new scientific developments, consistent with legitimate humanitarian purposes.

Article (28)
Every person has the right to freedom and to personal safety. Such right may not be violated, except in cases, and through procedures provided by law.
No one shall be arrested, searched, detained or imprisoned in any way except by order of a competent judge or public prosecutor in accordance with the law, and where such measures were necessary for safeguarding the security of society.
Any person arrested shall be promptly informed, in a language that he understand, of the charges preferred against him, and is henceforth entitled to a lawyer. He shall be brought before the competent judicial authority immediately. The law shall define the conditions of provisional detention and its duration.
Any person illegally arrested, imprisoned or restrained shall be entitled to compensation.

Article (29)
Everyone accused with a penal offence, has the right to be presumed innocent until proved guilty according to law in a public trial, at which he has had all the guarantees necessary for his defense, pro se or through the assistance of an advocate of his own choice, in a public hearing. Failing a choice by the accused due to lack of his financial capability, the court shall provide him with an advocate.

Article (30)
Detainees and those deprived of liberty shall be treated humanely and with dignity.
The United Nations Basic Principles for the Treatment of Prisoners of 1990 shall be considered in the implementation of sentences of prisoners.
The reform, education and rehabilitation of minors shall be considered in determining and applying criminal sentences.

Article (31)
Every citizen has the right to freedom of movement and residence within the borders of the State of Palestine. No one shall be deprived from his right to leave Palestine except by a legally issued court order. Likewise the Palestinian shall not be deported or prevented from returning to his country, and may not be extradited.

Article (32)
The political refugee who legally enjoys the right of asylum shall not be extradited. Law, in accordance with bilateral agreements or international conventions, shall govern the extradition of ordinary foreign defendants.

Article (33)
Litigation is a right guaranteed to all by the State. Every person shall have the right to legal recourse to defend his rights and liberties, and to receive compensation for a violation thereof. The law shall regulate litigation procedures in a manner that ensures the quick disposition of cases, without prejudice to the rights of litigants.
In the event of a judicial error, the state shall be obligated to compensate the damaged party. The law shall govern the conditions and procedures thereof.

Article (34)
There shall be no crime or punishment except as provided by law. No sentence shall be executed except by judicial order. Punishment shall be personal No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure. Collective punishment is prohibited. Parity shall be considered between the crime and punishment. There can be no punishment except for acts committed after a law has come into effect. The law shall regulate, in non-criminal cases, the retroactivity of laws.

Article (35)
The private aspect of life of every person, including family matters, residence, correspondence and other means of private communication, shall be protected by law. It shall not be infringed upon except by court decision and within the limits of the law. Any consequence of the violation of this Article is null and void, and those who are harmed as a result thereof shall be entitled to compensation.

Article (36)
Freedom of religion and religious practice is guaranteed by this Constitution and the law.
The State shall guarantee free access to holy shrines that are subject to its sovereignty in accordance with the law.
The State shall guarantee to followers of all monotheistic religions the sanctity of their shrines in accordance with the historic commitment of the Palestinian people and the international commitments of the State of Palestine.
Article (37)
The right to freedom of opinion and expression in writing, speech or other means shall be guaranteed within the limit of the law, so as to safeguard the rights and liberties of others.

Article (38)
The right to publish newspapers or other media is universal and guaranteed to every citizen by this Constitution. Financial sources for such purposes shall be subject to legal audit.

Article (39)
Freedom of the Media, including press, print, audio and visual media is guaranteed. This freedom extends to those working in the media. The media shall be protected by this Constitution and the relevant laws and legislation.
The Media shall freely exercise its mission and express different opinions within the framework of society’s basic values, while preserving rights, liberties and public duties in a way not contradicts the principle of rule of law. The Media shall not be subject to administrative censorship, interference, or confiscation, except by court decision in accordance with the law.

Article (40)
Journalists and other citizens shall have the right of access to news and information with transparency, and responsibility, in accordance with the law.

Article (41)
Citizens shall have the right to protect their intellectual property rights, which may be the product of scientific, artistic or cultural effort.
These rights shall be exercised in a manner consistent with society’s basic values and the rule of law.

Article (42)
Every citizen has the right to education. Education shall be compulsory in the fundamental stage. The State shall guarantee education in public schools, institutions and other entities until the end of the secondary stage. The law shall regulate the State’s supervision of its educational performance and curricula.

Article (43)
Private education shall be free and independent. The law shall regulate the state’s supervision of its curricula, and performance.

Article (44)
The State shall uphold the independence of the universities, scientific institutions and research centers of scientific objectives. The law shall regulate the supervision thereof in such a manner so as to safeguard the freedom of scientific research and innovation in all fields. The State shall strive, within its capabilities, to encourage, support, and protect these institutions.

Article (45)
The law shall regulate social security, pensions for the disabled and the aged, and support to families of martyrs, detainees, orphans, those injured in the national struggle and those of special needs. The State shall guarantee them, within its capabilities, educational, health and social insurance services, and shall give them priority in employment opportunities, in accordance with the law.

Article (46)
The State shall organize health insurance as an individual right and a public interest. It shall guarantee, within its capabilities, basic health care for the indigent.

Article (47)
The State shall seek to provide adequate housing to every citizen, through a housing policy founded on collaboration of the government, private sector and banking system. In times of war and natural disasters, the State shall also seek, within its capabilities, to provide shelter to those who lose their homes.

Article (48)
The State shall guarantee family, maternal and child care. It shall care for adolescents and the youth. The law shall regulate child, mother and family rights in accordance with the provisions of international agreements and the Charter on the Rights of the Arab Child of the League of Arab States. In particular, the State shall seek to protect children from harm, harsh treatment or exploitation, and from any work that would endanger their safety, health or education.

Article (49)
Public property shall have sanctity, and shall be safeguarded by all the citizens, so as to guarantee its protection and for it to serve the people’s public interest in accordance with the law. The law shall regulate the Waqf [religious endowments] organization, and management of its properties and assets.

Article (50)
Private property shall be protected by law. It shall not be confiscated or sequestrated except for serving public interest and as provided by law. In all circumstances, this shall be pursuant to fair compensation. General confiscation of private property is prohibited.
The law shall regulate the ownership of real estate by foreigners.

Article (51)
All citizens shall have the right to work. Through its development plan, and the private sector support, the State shall seek to provide work opportunities. The law shall regulate work relations in a manner that guarantees justice for all parties, and that provides for the protection and security of workers. The law shall regulate compulsory labor in emergency exceptional circumstances and in times of natural disasters. Workers shall have the right to establish trade unions and professional associations. This right shall be subject to the rules of the organization concerned.
The right to protest and strike shall be exercised within the limits of the law.

Article (52)
All citizens shall have the right to have access to public service, to serve society, on the basis of competence, merit and equal opportunity in accordance with the requirements of the law.

Article (53)
Consistent with this Constitution and the law, every citizen shall have the right to practice his right to vote in referenda and elections, and run for elections or nominate a person who meets electoral requirements.

Article (54)
All citizens shall have the right to participate, individually and collectively, in political activities, this include in particular the following rights and liberties:

1.The right to form political parties and/or subscribe thereto, and/or withdraw there from in accordance with the law; and
2.The right to form trade unions, societies, associations, forums, assemblies, clubs and institutions, and/or to participate therewith and/or to withdraw there from, in accordance with the law.
The law shall determine the procedure of granting the organizational legal personality.

Article (55)
Every individual shall have the right to organize private meetings in accordance with the law and without the presence of the police. Every individual shall have the right to assemble and organize public meetings, and to demonstrate peacefully with others without bearing arms. No restrictions may be placed on the exercise of these rights other than those prescribed by law and which are necessary, in a democratic society, for the protection of the rights and liberties in this constitution.
Practice of violence as well as damaging public or private properties while demonstrating is prohibited. Any one who practice violence or incite it will be punishable by law.

Article (56)
Every citizen shall have the right to address the public authorities, and to present petitions and grievances in writing and signature.

Article (57)
Basic rights and liberties shall not be suspended. The law shall define those rights and liberties that may be temporarily restricted in exceptional circumstances in matters related to public safety and national security protection. The arbitrary use of power or authority shall be penalized according to the law.

Article (58)
Any violation of the fundamental rights and liberties granted by this Constitution or the law shall be considered a crime. All civil and criminal lawsuits arising as a result thereof shall not lapse by prescription. The State shall guarantee a just compensation for those harmed.

Article (59)
An Independent Public Commission for Citizen’s Rights, shall be established by law. The Commission shall be concerned with monitoring the state of the rights and liberties of the citizens. The law will determine its duties, competence and organization. It shall present its reports to the House of Representatives, The President of the State, and the Prime Minister.

Article (60)
The State shall assume responsibility for the security of persons and property. It shall protect the rights of every citizen within its territory and abroad.

Article (61)
Defending the nation is a sacred duty, and serving it is an honor for every citizen. It shall be regulated by law.
Individuals and groups shall not transport, carry, trade or illegally possess arms in violation of the regulating law.

Article (62)
The payment of taxes and general dues is a duty regulated by law.

CHAPTER THREE
PUBLIC AUTHORITIES
(Articles 63-184)

Article (63)
National sovereignty belongs to the People, who is the source of all authorities. The People exercise their powers directly by referenda and general elections or through elected representatives, within its three public authorities: legislative, executive, and judicial, and via its constitutional institutions. No individual or group shall claim for itself the right to exercise such powers.

Article (64)
The relationship among the three public authorities on exercising their powers, shall be of independence, on the basis of relative separation, mutual cooperation and balance. No authority shall have the right to perform duties that have been attributed to another authority in accordance with this Constitution.

Chapter III: Section One
Legislative Authority / House of Representatives
(Articles 65-108)

Article (65)
The sole and exclusive power of making laws for the State is hereby vested in the House of Representatives.. It shall approve the State’s overall policies as well as the budget, which shall be prepared by the Council of Ministers “or the Government”. It shall monitor “or observe” the actions of the Executive Authority as specified in this Constitution.

Article (66)
The House of Representatives shall consist of one hundred and fifty (150) members “or persons”, representing the Palestinian people. They shall be elected according to this Constitution and election law. When running for candidacy to the House of Representatives, the provisions stated in this Constitution and the election law shall be observed.
A candidate for the House of Representatives must be a Palestinian National. If elected, the member of the House shall not possess any nationality other than the Palestinian Nationality.

Article (67)
Members of the House of Representatives are elected for five-years term. The member may be re-elected. The term of the House of Representatives may not be extended except when necessary and pursuant to a law passed by two-thirds of the total of its membership.

Article (68)
The seat of the House of Representatives shall be in Jerusalem, the capital of the State of Palestine. It may hold sittings in other places as per the request of its Speaker or the majority of its membership.

Article (69)
In its first sitting, and before the commencement of its constitutional powers, the members of the House of Representatives, before the Speaker of the House of Representatives and the President of the High Council of the Judiciary jointly, shall take the following oath:
I swear by Almighty God to be faithful to the Homeland, to safeguard the rights of the People, the Nation and their interests, to respect the Constitution and the Law, and to fulfill my duties rightfully. May God be my witness.

Article (70)
In the first meeting of every annual session, the House of Representatives shall elect its Speaker, his two Deputies, and a Secretary-General. These positions shall constitute the Office of the Presidency of the House of Representatives.
Members of the Office of the Presidency of the House of Representatives shall not assume a ministerial or any other governmental post.
Members of the House of Representatives may assume the post as ministers, provided that their total number in the Council of Ministers shall not exceed half of the total number of ministers.

Article (71)
The President of the State shall inaugurate the first meeting of each normal annual session of the House of Representatives. The inauguration of the normal session of the House shall not be legally valid except with the presence of its Speaker or his legal deputy and not less than two-thirds of total membership thereof. The sittings will remain valid for the rest of the normal session with the presence of the speaker of the House of Representatives or his legal deputy and an absolute majority of its membership.

Article (72)
At the invitation of its Speaker, the House of Representatives shall summon for a normal annual session of two periods. Each period shall be of four months. The first period starts in the first week of the month of March, and the second starts in the first week of the month of September.
In case of necessity, when there is no normal session in process, and in agreement with the Prime Minister, or at the request of not less than one-third of the total membership of the House of Representatives, the President of the State shall have the right to call the House for an extraordinary meeting.

Article (73)
The House of Representatives shall refer any contestation against the validity of the representation of any of its members, to the Constitutional Court for decision according to its governing law.
Membership in the House may be revoked if a member does not meet the legal requirements of electoral eligibility or loses any of such requirements. This shall be enforced by decision of the House, with assent of two-thirds of its total membership.

Article (74)
When the seat of one member of the House of Representatives or more become vacant not less than six months before the end of his term in the House due to death, resignation or loss of capacity, a successor shall be elected in the concerned constituency/ constituencies not more than a month of the seat/s becoming vacant. The law shall define the circumstances of loss of capacity or capability.

Article (75)
Sittings of the House of Representatives shall be public. The Speaker of the House, with the assent of the majority of members present, may decide to hold an “in camera” setting.

Article (76)
The House of Representatives shall establish, by law, its own rules and standing orders, to organize the execution of its legislative and monitoring “or observatory” powers, and to set procedures for questioning its members within its jurisdiction, in consistency with this Constitution.

Article (77)
The President of the State, the Prime Minister, the Speaker of the House of Representatives or five members of the house, shall have the right to propose draft laws “or to submit draft law proposals”. Each proposal which is not approved by the required majority, shall not be submitted again for debate in the same session, unless it is supported by not less than two-thirds of the membership thereof.

Article (78)
Resolutions of the House of Representatives, including approval of draft laws and the budget, shall be adopted by a majority of the members present, except where a special majority is required.

Article (79)
The Council of Ministers shall approve agreements and other international treaties, its members conclude within their competence. These agreements and treaties shall be of full force and effect after accreditation by the President of the State and promulgation in the official gazette.
Agreements or treaties which impose on the treasury additional non-budgetary expenses, or which impose on the citizens and the State obligations in violation to current laws, shall be approved by a majority of the total membership of the House of Representatives.
The House shall discuss agreements that its consequences may endanger the national independence of the State or its territorial integrity, prior to its presentation, by the Government, to a public referendum.

Article (80)
Laws approved by the House of Representatives and accredited by the President of the State, shall be of full force and effect thirty days from the date of its promulgation in the official gazette, unless otherwise provided by law.

Article (81)
Laws shall be promulgated in the official gazette within thirty days from:
- The date the law is referred to the President of the State by the House of Representatives for accrediting;
- From the date the law is referred by the House of Representatives after a second approval by two-thirds of the total of its membership, in cases where the President objects to accredit the referred law.
In case the law is not transmitted back or promulgated after the lapse of respite, it shall become of full force and effect by the force of this constitution and should be promulgated. The Constitutional Court, upon a request of the House of Representative may issue a decision of promulgation.

Article (82)
The House of Representatives may form special ad-hoc committees or request one of its standing committees to investigate any matter relative to any governmental institution falling under its observatory mandate. The said committee may question anyone it feels necessary to, and examine documents and seek information from all concerned parties. The committee shall submit its findings to the House of Representatives for appropriate decisions.

Article (83)
The House of Representatives shall have the exclusive right to maintain order and security within its facilities during its sessions or committee meetings. The House of Representatives shall have their own guards responsible before the Speaker of the House. No security personnel or any other armed forces personnel shall have the right to enter or be present in the facilities of the House unless so requested by the its Speaker.

Article (84)
Every member of the House of Representatives shall have the right to raise question or request clarification from the Prime Minister, any of his deputies, any Minister or of equivalent positions about any subject falls within their responsibility. The member shall be entitled to receive an answer thereto as specified by its own rules and standing orders.

Article (85)
Every member of the House of Representatives shall have the right to raise inquiries from the Prime Minister, one of his deputies, any minister, or any one of equivalent position on any subject within their responsibility. The inquiry may not be debated in less than one week of its submission unless the person being asked the inquiry agrees to put under debate or respond within a shorter period. In urgent circumstances the period may be shortened by decision of the House of Representatives.

Article (86)
After the inquiry, ten members of the House of Representatives may request:
- Passing a motion of censure to the Prime Minister, the Minister or to those of equivalent position (minister) or to the government; or
- Withdraw confidence from the Prime Minister, the Minister or to those of equivalent position or the government as the case may be.
Voting on these measures shall be withheld for at least three days from the date of the request. A decision of withdrawal of confidence shall be approved by a majority of the total membership of the House of Representatives.

Article (87)
If a majority of the total membership of the House of Representatives approve withdrawal of confidence from the Prime Minister or from more than one-third of the total members of the Council of Ministers, the Government shall be deemed to have resigned from office. In this case, the Prime Minister and the other members of the Government shall continue to carry on their duties until the new Government shall have been appointed.
If a majority of the House of Representatives agrees on withdrawal of confidence from a minister, he shall be deemed to have resigned from office.

Article (88)
In case of necessity, the President of the State or the Prime Minister may propose dissolution of the House of Representatives, before the Council of Ministers. If such proposal is being accepted by a two-third majority of the total membership of the Council of Ministers, the President of the State shall declare the House of Representatives dissolved.
The Government shall promptly call for a general elections for a new House in not later than sixty days after the dissolution and in accordance with the Elections’ Law. If elections are not held, the House of Representatives shall remain in office until the new House is elected. In such case, this House shall not be empowered to withdraw confidence from the government. The House of Representatives shall not be dissolved during the first year of its formation or in times where “state of emergency” is declared as provided by this Constitution.

Article (89)
The Government, in accordance with the law, shall call for the elections of the House of Representatives not later than sixty days before the expiration of the term of office of the previous House. In case the Government fails to do so in due time, the Speaker of the House of Representatives may request the Constitutional Court to issue a decision to hold the elections.
If the elections cannot be held by the required time due to war or imminent danger of war or siege that prevents Constitutional Institutions to function properly, the House of Representatives shall remain in office until elections can be carried out not later than sixty days of the abolition of the hindrance.

Article (90)
Impeachment of the President of the State with treason, breach of the Constitution or for committing a felony, should be proposed by one-third of members of the House of Representatives. The decision to impeachment shall not be declared unless it is supported by not less than two-thirds of the total membership of the House.
Upon declaring the decision to impeachment, the President shall promptly cease performing any of his duties and shall be tried before the Constitutional Court.

Competence of the House of Representatives
Regarding Financial Matters

(Articles 91-100)

Article (91)
The law shall regulate preparation of the Budget, by the Government, and the procedure of its approval. The law shall also regulate the disbursement of budgetary funds, supplementary and developmental budgeting, as well as budgeting for public entities and enterprises in which the public share constitutes a minimum of fifty per cent of their capital.

Article (92)
The Government shall refer the budget to the House of Representatives, as a draft law, not less than four months before the beginning of the fiscal year. The House shall hold one special sitting or more to debate the budget draft law. The House shall discuss and vote on the items of the budget and its chapters, as well as on the budget in its entirety. The House will then refer the approved budget to the President of the State for promulgation.
The House of Representatives shall approve the budget not more than five months from the date of its referral in accordance with the previous clause. If the House fail to approve the budget, the President of the State, by decision of the Council of Ministers, shall put the budget into force by ordinance. Then the budget shall be in the form that was referred to the House of Representatives.

Article (93)
Should it be found in the course of the legislative process, the House of Representatives shall not have the right to increase the set credits of the budget by alteration or borrowing.

Article (94)
In case of necessity or for long term planning purposes, the law may stipulate the allocation of funds for a period longer than a year, provided that the allocations for such projects shall be made in all subsequent budgets, or an exceptional budget is set for more than one fiscal year.

Article (95)
Budget Appropriations shall not be moved between chapters except by consent of the House of Representatives.

Article (96)
Should the budget not be approved, and the time of delay is not less than a month beyond the time limit, and the President of the State has not used his right to issue the budget in accordance with article (92) of this Constitution, the Government, by consent of the House of Representatives, shall be permitted to allocate specified amounts of funds, on monthly basis, at the ratio of one to twelve (1:12) of the amount of the previous budget, until the new budget is approved.

Article (97)
The government shall submit the financial statement of its balance sheet to the House of Representatives not later than six months from the end of the fiscal year.

Article (98)
The allocation of public funds and its expenditure shall be done by law. The law shall determine the rules for payment, by the treasury, of salaries, compensation, stipends and benefits and the departments responsible for their application. Disbursement of exceptional funds shall be done only in accordance with the law.

Article (99)
Imposition, adjustment or annulment of taxes shall be done by law. Taxes and fees shall be accredited to the treasury and shall be disposed of according to the law. It can only be waived as specified by law. Taxes shall be imposed and disposed of with due consideration to equality and social justice.

Article (100)
Rules of loans contracting, granting concessions, and promoting foreign investment or commitments concerning exploitation of natural resources and public utilities shall be determined by law.

Rights, Immunities and Duties of Members
of the House of Representatives
(Articles 101-108)

Article (101)
Financial remuneration, rewards, or benefits provided to members of the House of Representatives shall be determined by law. Amendments made thereto by the House shall apply only to the members of the House elected in succession to the one that voted it.

Article (102)
Immunity of members of the House of Representatives shall not be infringed upon for the duration of their term of office. They shall not be prosecuted criminally or civilly in respect of opinions expressed, facts mentioned, votes cast at the meetings of the House of Representatives or its committees or what they disclose outside of the House in the exercise of their duties as members of the House.

Article (103)
A member of the House of Representatives may not be requested to give testimony in connection to any of his actions, statements or information he obtained in his capacity as a member of the House during his term of office or thereafter, except by his own consent and the approval of the House.

Article (104)
No member of the House of Representatives may be subjected to any legal proceedings or be brought to justice except after decision of the majority of the total membership of the House lifting his immunity or after he clearly relinquishes his immunity before the House.
In case of a serious crime or other major offence committed flagrante delecto, the legal proceedings may be promptly carried out including putting the member in custody. In the latter instance, the Speaker of the House of Representatives shall be notified immediately and in turn, the House shall ensure the integrity of the proceedings that have been taken against the member. If the House is not in session, authorization from the Speaker of the House shall be required, and the House of Representatives shall be notified in the first following sitting of whatever criminal proceedings have been taken against that member.

Article (105)
A member of the House of Representatives is accountable to the House that, upon request of one-third of the total of its membership, may debate revoking his membership if he commits an act that infringes on the honor of his duties as a member of the House. The House, upon a decision of the majority of its total membership, may refer the matter to the Constitutional Court to decide on the removal of that member from office.
The House own rules and standing orders shall determine the circumstances and the conditions that govern the removal of a member of the House from office, and the necessary procedure for referring the case to the Constitutional Court. This shall not prejudice the individual and personal legal liability of the member for his violations to the law.

Article (106)
As his term of office ends, immunity of a member shall not cease with respect to statements made or actions taken by him in exercise of his duties as a member of the House.

Article (107)
A member of the House of Representatives shall not hold other public or private employment during his term of office, buy or lease any State’s assets, sell his own assets to, or exchange it with the State, or conclude a contract with the State as an entrepreneur, supplier or contractor.
The State shall secure the positions of those employed by it and who are elected to the House of Representatives.
The House of Representatives shall decide, upon request, of resignation of any of its members in accordance with its own rules and standing orders.

Article (108)
Each member of the House of Representatives, in the first month of his term of office, shall present a declaration of personal finances for him, his spouse, and his minor children. The statement must provide details if his movable and non-movable property, cash assets, debts, or dues in Palestine and abroad. The declarations shall be kept at the custody of the Constitutional Court.

The Advisory Council
(Articles 109-111)

Article (109)
An Advisory Council composed of one hundred and fifty members shall be established according to this Constitution. In its formation due consideration shall be given to the ratio of distribution of Palestinian population in Palestine and abroad. The law shall regulate election or appointment of its members according to their countries of residence. The President of the State may appoint up to ten non-Palestinian members who have been distinguished with noble services for the Palestinian cause.

Article (110)
The Advisory Council mandate shall include:
- Debating of general strategic issues and submission of adequate advice;
- Suggestions related to Palestinian national rights, the security of Palestinian territory, and the rights of Palestinians abroad;
- Discussion of constitutional amendments and presentation of opinions regarding these amendments.
- Whatever subject matters the President of the State refers to the Council concerning general policy in Arab and international affairs for the State of Palestine;
- Draft laws referred by the President of the State concerning Palestinian expatriates; and
- That which members of the Council set for discussion.

Article (111)
The Advisory Council shall send its recommendations to the President of the State, to the Prime Minister and to the Speaker of the House of Representatives. The President of the State shall order the promulgation of these recommendations in the official gazette.

Section Two
The Executive Authority
(Articles 112-158)

First: The President of the State
(Articles 112-130)

Article (112)
The President of the State is the President of the Republic. He shall see that the Constitution is observed and uphold the unity of the People. He shall ensure the proper functioning of the public authorities, the continuity of the State and its national independence. He shall exercise his functions and responsibilities as specified in this Constitution. Save what is provided by this Constitution that shall be conferred to the President of the State, the executive and administrative powers of the Government shall be the responsibility of the Council of Ministers.

Article (113)
Conditions of eligibility for election to the office of President shall be bearing the Palestinian nationality exclusively, being at age not less than forty years on the day of nomination and shall be enjoying his civil and political rights.

Article (114)
The President shall be elected by direct vote of the people. The President shall hold office for five years. A person who holds office as President, shall be eligible for re-election to that office once, but only once.

Article (115)
The President shall enter upon his office on the day following the expiration of the term of office of his predecessor or as soon as may be thereafter.
In the event of his predecessor's removal from office, death, resignation, or permanent incapacity established as provided by articles 90 and 118 hereof, The President shall enter upon his office as soon as may be after the election. Prior to entering upon his office, the President shall take and subscribe publicly, before the House of Representatives and in the presence of the Head of the High Council the of Judiciary, the following oath:
I swear by Almighty God to be faithful to the nation and its shrines, to the people and their national heritage, to respect the Constitution and the law, and to fully preserve the interests of the Palestinian people. May God be my witness.

Article (116)
The President of the State, in the first month of his term of office, shall present a declaration of personal finances relative to him, his/her spouse and his minor children. The declaration shall provide details of his movable or non-movable property, cash assets, debts, or dues in Palestine and abroad. The declarations shall be kept at the custody of the Constitutional Court.

Article (117)
Law shall determine the remuneration of the President of the State.

Article (118)
The Presidency of the State shall fall vacant by:
- Upon death of the incumbent, or
- Upon resignation, or
- Should the Constitutional Court on a reference from the House of Representatives by two-thirds majority of the total of its membership, rule that the President of the State is incapacitated and unable.

Article (119)
Should the Presidency of the State fall vacant for any reason whatsoever, or should the House of Representatives proceed with impeachment as provided in article 90 of this Constitution, the Speaker of the House shall temporarily exercise the powers and duties of the President of the State.
In accordance with the election’s law, the ballot for the election of the new President shall be held not more than sixty days after the beginning of the vacancy. Should the Speaker of the House decided to go for candidacy for the office of presidency, or a legal hindrance prevents him from assuming the presidency, the President of the Constitutional Court shall temporarily assume the presidency until elections for the president is being held. In this manner, the President of the Court shall not be an eligible candidate for presidency.

Article (120)
The President of the State may direct the Council of Ministers in setting its general policy.

Article (121)
The President of the State shall appoint the Prime Minister on the proposal of the party that obtained the greatest number of seats in the House of Representatives, after consultations with leaders of other parties represented in the House. Should the appointed Prime Minister fails to compose his government not more than forty five days of time, the President of the State shall appoint a new Prime Minister and so on until a government is composed.

Article (122)
The President of the State shall accredit laws after their approval by the House of Representatives not more than thirty days of being transmitted to him. The President shall order promulgation.
The President of the State may, before the expiry of that time limit, raise objections against a draft law approved by the House of Representatives. Supported by his own reasoning, The President of the State may ask the House to reconsider such approval. Should the time limit being expired with no accreditation or objection, the said law shall be of full force and effect and shall be promulgated in the official gazette.
Should the President of the State transmit back the said draft law prior to the time limit expiry, and should such draft law receive a second approval by a two-third majority of the total membership of the House, it shall be of full force and effect and shall be promulgated.
In all manners relevant, The Constitutional Court, upon a request of the House of Representative may issue a decision of promulgation.

Article (123)
The Prime Minister, or any minister delegated by him, shall negotiate international treaties. The President of the State shall be informed of the course of negotiations. Conclusion of international treaties shall require approval of the Council of Ministers and accreditation of the President of the State.

Article (124)
Save as provided by this Constitution, the President of the State shall enjoy the following powers:

- The President shall preside on the Council of Ministers sittings in time of a state of emergency and in similar exceptional circumstances.
- The President shall issue decrees and request its promulgation. He may ask the Council of Ministers to reconsider any of its decrees not later than seven days after the transmission of the said decision to the Office of Presidency. Should the said decree receives a second approval by the Council of Ministers, or should the time limit expires without issuing the decree, the said decree shall be of full force and effect and shall be promulgated.
- The President of the State shall exclusively issue the decree for the appointment of the Prime Minister and the decree accepting the resignation of the government, declare it to be considered to have resigned or declare it resigned. Other decisions and decrees shall be signed jointly by him, the Prime Minister or the relevant Minister or Ministers. The Prime Minister, in person, jointly with the President of the State shall countersign decrees of issuance of laws, reconsideration of laws, and decrees calling for the House of Representatives to convene in an exceptional extra-ordinary session.
- The President of the State shall communicate, when necessary, with the House of Representatives by means of speeches which shall not be the occasion for any debate.
- He shall transmit draft laws approved by the Council of Ministers to the House of Representatives.
- The President of the State shall have the right to grant pardon and the right to commute criminal sentences. Amnesty shall be exclusively granted by law.
- The President of the State shall grant State decorations by decree.

Article (125)
The President of the State, on the proposal of the Minister of Foreign Affairs, shall accredit ambassadors and envoys extraordinary to foreign powers, international and regional organizations, and he shall terminate their term of office. Foreign ambassadors and envoys extraordinary shall be accredited to him.

Article (126)
The President of the State shall be the higher commander-in-chief of the Palestinian National Security forces, which shall be headed inclusively by a delegated minister

Article (127)
The President of the State may establish specialized advisory councils of qualified, specialized, and experienced persons to participate by expressing their opinions and thus benefiting from national capabilities.

State of Emergency
(Articles 128-130)

Article (128)
In agreement with the Prime Minister and in consultation with the Speaker of the House of Representatives, whenever the security of the Nation is under serious threat due to war, natural disasters or siege, or the integrity of the society and the proper functioning of its constitutional public authorities is interrupted, the President of the State may declare a “state of emergency”.
The state of emergency shall not be declared unless its measures is necessary to restore public order or proper functioning of public authorities, or to confront disaster or siege. The exercise of state of emergency shall not exceed thirty days of time and may only be extended once, by approval of two-third majority of the total membership of the House of Representatives, with the exception of the state of war. In all cases, any declaration of a state of emergency shall specify the purpose thereof, the region and time period covered thereby.

Article (129)
After the declaration of the state of emergency, the Council of Ministers may, if events necessitate the taking of speedy measures to confront situations that cannot be delayed, issue orders that shall gain approval of the President not more than three days. These decrees shall then have the force and effect of law. They shall be presented to the House of Representatives in its first sitting after the declaration of the state of emergency, or in the sitting of its extension, whichever occurs first, to decide upon it, otherwise they lose their legal force and effect retroactively. Should the House of Representatives not approve them, they shall cease to have any legal effect, and the House shall decide how to remedy its effects without prejudice to any material rights of third parties.

Article (130)
In time of state of emergency it is forbidden to impose restrictions on basic rights and liberties, except to the extent strictly required by the exigencies of the situation in order to preserve the integrity of the Nation. All decisions and actions taken by the Council of Ministers in time of state of emergency shall be subject to judicial review. The competent courts shall examine grievances of this nature in not more than three days.

Second: The Prime Minister
(Articles 131-140)

Article (131)
The conditions of eligibility of the Prime Minister and the ministers shall be bearing the Palestinian nationality exclusively, being at age not less than thirty-five years.

Article (132)
The Prime Minister shall compose the government. When presenting his government to the President of the State, the Prime Minister shall assign members of his government to various ministries. The Prime Minister shall present the members of his government and its program to the House of Representatives to obtain its confidence.

Article (133)
If the Prime Minister fails to obtain confidence of the House of Representatives within three weeks, the President of the State shall resume consultations for a new appointment in accordance with Article (122) of this Constitution.
Until the new government succeeds to gain confidence of the House, the incumbent Prime Minister continues to perform minimum duties.

Article (134)
The Prime Minister shall preside over the activities of the government. Every minister shall be accountable to the Council of Ministers in accordance with internal regulations consistent with the Constitution. The Prime Minister and the ministers are individually and jointly responsible for the actions of the government before the House of Representatives.

Article (135)
When recomposing the government, adding new ministers, or filling a vacancy for any reason whatsoever, the new ministers shall be present before the House of Representatives at its first sitting for a vote of confidence. Should the change affected more than one third of members of the Council of Ministers, a vote of confidence on the whole government must be held. The Prime Minister or any other minister shall not perform any power and duty of his office until confidence is obtained from the House of Representatives.

Article (136)
After obtaining confidence, the Prime Minister and the Ministers shall take and subscribe publicly, before the President of the State and the House of Representatives in a joint meeting, the following oath:

I swear by Almighty God to be faithful to the country, to uphold the rights of the people, and its interests, and to respect the Constitution and the Law, and to fully carry out my duties. May God be my witness.
Article (137)
The Prime Minister shall exercise the following powers:
- He represents the government and speaks on its behalf. He shall be responsible for the implementation of the general policies set by the Council of Ministers;
- He shall address the House of Representatives on the general policy of his government;
- He shall call the meetings of the Council of Ministers and set the agenda of the meetings. He shall inform the President of the State of the agenda. He shall preside over the meetings of the Council of Ministers.
- He shall oversee the functioning of the governmental authorities and public institutions, coordinate relations among ministers, and give general directives to ensure proper execution of operation.
- He shall sign executive and organizational decrees;
- He shall ensure implementation of legislation and regulations, coordination of policies and governmental programs;
- He shall approve, on a proposal of the competent minister, appointment to high ranking posts in accordance with the laws and regulations relative to appointment in ministries and other public administration entities.
- He shall propose draft laws;
- He shall promulgate laws that have been approved by the House of Representatives after being accredited by the president or after being of full force and effect according to this Constitution; and
- Any other competence legally attributed to him.

Article (138)
The Prime Minister and the Ministers shall not hold any other office or position of emolument. They shall not pursue another profession, buy or rent public property, lease or sell any of their property to the State, or barter with the it. The Prime Minister or any Minister shall not make use of any information obtained by virtue of competence, directly or indirectly, in realizing material reward for his person or otherwise in violation of the law

Article (139)
The Prime Minister and the Ministers shall receive such emolument and allowances on monthly basis as determined by the law.

Article (140)
The Prime Minister, the Ministers and those of equivalent positions shall individually present a declaration of personal finances for him, his spouse, and his minor children, not more than one month after obtaining confidence. The declarations shall provide details of movable and non-movable property, cash assets, debts, or dues in Palestine and abroad. These declarations shall be kept at the custody of the Constitutional Court.

Third: The Council of Ministers
(The Government)
(Articles 141-146)

Article (141)
The Council of Ministers shall be composed of a Prime Minister and a number of ministers, of which half of them at most shall be members of the House of Representatives.

Article (142)
The executive power shall be exercised by the Council of Ministers.

Article (143)
Upon the call of its President and under his presidency, the Council of Ministers shall convene in regular meetings. The number of ministers necessary to constitute a meeting of the Council of Ministers shall be two-third majority of the total of its membership. Decisions are reached by consent or by voting with a majority of its members present, unless otherwise provided by this Constitution or by the Council’s own Rules and Standing Orders.
The Council of Ministers shall exercise its powers and responsibilities in accordance with the provisions of this Constitution and laws and regulations governing the operation of the Government.

Article (144)
The Council of Ministers shall have the following competencies:
- Determine public policy, in the light of the its program approved by the House of Representatives;
- Conduct public policy, laws and regulations, and ensure respect and compliance therewith;
- Proposing new draft laws;
- Preparing the budget draft law to be presented to the House of Representatives for approval;
- Organizing, governing and supervising the offices, agencies and institutions of the State at their various levels;
- Overseeing the performance of the ministries, departments, institutions and agencies and supervising their operation;
- Debate the proposals and plans of each ministry, and its policies under its mandate;
- Approve the system of administrative structure;
- Issuance of organizational rules and necessary law-enforcement rules of procedure, as well as rules of supervision and organization of public utilities;
- Appointment of civil servants and military personnel on the proposal of the competent minister and in accordance with the law; and
- Any other competencies granted the Council by this Constitution or the law.

Article (145)
The law of the Executive Authority shall establish a number of standing commissions of the Council of Ministers. From among the chairpersons of those commissions, one or more shall be appointed as deputy/ deputies to the Prime Minister.

Article (146)
The Council of Ministers may issue the rules, orders and regulations necessary to exercise of its powers.

The Ministers
(Articles 147-152)

Article (147)
The minister is the highest administrative chief of his ministry. Every minister shall, within his own mandate and under the supervision of the Prime Minister, enjoy the following powers and authorities:
- Proposing the general policy for his ministry and overseeing its implementation after adoption;
- Overseeing the course of operation at the ministry and issue the necessary directives for its performance;
- Proposing draft laws related to his ministry before the Council of Ministers;
- Implementing the budget within the scope of, and according to the allocations approved for his ministry;
- Recruiting candidate employees for high ranking posts and propose them before the Council of Ministers, for appointment. Appointment of other employees shall be within the power of the competent minister in accordance with the law and within the scope of the budget;
- Delegating some of his administrative powers and authority to the deputy minister or to other senior officials in his ministry in accordance with the law;
- Supervising the implementation of laws and regulations related to his ministry; and
- Any other power to be assigned to him by law.

Article (148)
Each minister shall act, within the boundaries of his competence, to apply laws and regulations, and to execute governmental plans and programs as provided by this Constitution and the laws governing the work of the Executive Authority.

Article (149)
Impeachment of the Prime Minister or any of the Ministers with high treason, breach of the Constitution, committing a felony or for violation of his office responsibilities, should be proposed by one-third of members of the House of Representatives. The decision to impeachment shall not be declared unless it is supported by not less than two-thirds of the total membership of the House.
As being impeached, the person shall promptly be transferred for interrogation.

Article (150)
As being transferred to interrogation, the person shall cease exercise any of his powers and responsibilities until a conclusive judgement is decided by the Constitutional Court. The Chief Public Prosecutor or his representative shall execute the procedures of investigation and indictment. Neither The removal from office nor the resignation may prevent establishment of, or proceeding with the lawsuit.

Article (151)
The government shall be considered to have resigned and shall be re-composed:
- At the beginning of a new term of office of the House of Representatives after every legislative election;
- After withdrawal of confidence from the Prime Minister, the Government or more than one-third of the ministers, in accordance with Article 87 of this Constitution;
- In the case of death of the Prime Minister;
- Upon resignation of the Prime Minister, voluntarily or through a presidential decree, or upon resignation of not less than one-third of the ministers; or
- If the Prime Minister become incapacitated or unable to perform the duties of his office in accordance with a request from the majority of the total membership of the House of Representatives followed by a decision from the Constitutional Court.

Article (152)
The previous government shall continue directing governmental affairs until the new government is being composed in accordance with this Constitution.

Security Forces
(Articles 153-154)

Article (153)
The National Security Forces shall be the property of the Palestinian people. It shall assume the task of protection and security of the Palestinians and defending the State. They shall be headed by a competent minister. The President of the State shall be commander-in-chief of the Palestinian National Security Forces. No military or armed force, other than the National Security Forces network, shall be raised or maintained for any purpose whatsoever. The law shall regulate the conditions to declare the general mobilization.

Article (154)
The Police shall be a civilian department, part of the Ministry of the Interior. The law shall regulate its role to serve the people, defend society, and exercise vigilance to maintain security, public order and common morals. It shall perform its duty within the limitations defined by law and in full respect of all the rights and liberties set forth in this Constitution.

Public Administration
(Articles 155-156)

Article (155)
Appointment of civil servants and all persons working for the State and the conditions of their employment shall be in accordance with the law.

Article (156)
All civil service related matters, including appointment, transfer, delegation, promotion, and retirement, shall be regulated by law. The General Personnel Department, in coordination with the concerned governmental departments, shall strive to improve and develop the public administration. Its advice on draft laws and regulations particular to the public administration and its employees shall be seek.

The Public Audit Bureau

Article (157)
An independent body called the Public Audit Bureau shall be established by law. Its jurisdiction and competence shall be governed by law. The Chief Public Audit shall be proposed by the Council of Ministers, appointed by the President of the State, and approved by the House of Representatives.

Local Government
(Article 158)

Article (158)
Law, on the basis of administrative decentralization shall regulate the relationship between the Government and the units of local government. Units of local government shall be a legal person. Their councils shall be elected. The law shall stipulate the methods by which they are established and structured, and by which their councils shall be elected, as well as their competence and power.

Section Three
The Judicial Authority
(Articles 159-177)

Article (159)
The judicial Authority shall be independent. It shall have inherent competence to perform judicial function. It shall be entrusted with deciding all legal disputes and crimes. The law shall determine the institutions of the Judicial Authority and its organization. The law shall also determine the classification of the court system and its jurisdiction, as well as, its rules of operation.
Exceptional courts shall not be established.

Article (160)
The affairs of the judicial institutions shall be entrusted with the High Council of the Judiciary. The law shall determine the organization and the competence of the Council in a manner that ensure its independence, equality and cooperation with other Public Authorities. The Council shall have the right to set its own rules and regulations. The Council shall give its opinion on draft laws concerning the regulation of judicial affairs.

Article (161)
In accordance with the law, the President of the High Council of the Judiciary shall be appointed by the President of the State and shall be approved by the House of Representatives. The law shall regulate the appointment of other Council members and their conditions of eligibility.

Article (162)
In accordance with the law, the High Council of the Judiciary shall set its own rules and standing orders governing appointments, assignments, transfers, promotions and disciplinary measures related to judges.

Article (163)
A judge shall declare and subscribe the legal oath before the High Council of the Judiciary as provided by the law of the Judicial Authority.

Article (164)
Upon his appointment, the judge shall a declaration of personal finances relative to him, his spouse, and his minor children. The declaration shall provide details of his movable or non-movable property, cash assets, debts or dues, in Palestine and abroad. The declarations shall be kept at the Constitutional Court.

Article (165)
Court shall hold its sessions in public, unless the court decides they shall be closed for reasons related to public order or morals, or pursuant to a request made by the adversaries. In all circumstances, sentences shall be pronounced in a public session.

Article (166)
Judicial sentences shall be issued, pronounced, and executed in the name of the People and according to the law.

Article (167)
Litigation procedure shall be regulated by law to guarantee justice speedily adjudication.

Article (168)
Judges shall be independent in the exercise of their judicial functions and subject only to the law and their conscience. They shall be irremovable. The law shall regulate the conditions of expiration of the term of office of judges and their disciplinary matters before the High Council of Judiciary as provided by the law without infringement on their independence in performing their functions.
No person shall be permitted to interfere in the judicial procedure or obstruct the execution of court decisions. Interference in any judicial procedure or the obstruction of the execution of court decisions shall constitute a crime and shall be punishable by law. Any lawsuits arising as a result thereof shall not lapse by prescription.

Article (169)
The law shall determine the conditions of eligibility, transfer, succession, promotion and organization of the affairs of the judges. Judges shall not hold any other office or position of emolument. They shall not pursue any profession or membership in the House of Representatives or political parties. While assuming a judicial profession, judge shall not possess any nationality other than the Palestinian nationality.

Article (170)
A Court of Cassation shall be established with jurisdiction over appeals in criminal and civil matters. Law shall determine its formation, jurisdiction, and operational procedures.

Article (171)
A Supreme Court of Justice shall be established with jurisdiction to decide administrative disputes and disciplinary cases as provided by the law that establishes the court. Such law shall regulate its rules of operation, the conditions of eligibility of its judges and other staff members, and its rules of procedure. Law may establish lower administrative courts.

Article (172)
A Military Court shall be established by law. The court shall be entrusted with deciding military disputes. It shall not decide any case of civilian nature or any case outside the military sphere.

The Bureau of the Public Prosecutor
(Articles 173-177)

Article (173)
The Bureau of the Public Prosecutor is an institution of the Judicial Authority. It is part of the organizational structure of Ministry of Justice and governed by of the laws governing the Judicial Authority.

Article (174)
A Chief Public Prosecutor shall be appointed to preside over the Office of the Public Prosecutor. The Minister of Justice shall nominate the Chief Public Prosecutor, who shall be appointed by the Council of Ministers. His competence, his deputies and their duties shall be as provided by law.

Article (175)
The Office of the Public Prosecutor shall undertake public cases in the name of the People and in accordance with the law.

Article (176)
The judicial police shall be subject to the direct supervision of the Judicial Authority.

Article (177)
The Ministry of Justice shall be entrusted with organizing the bodies responsible for the administration of the Judiciary. This shall be without infringing on the professional supervision of the High Council of the Judiciary over the judicial system, including the Office of the Public Prosecutor.

The Constitutional Court
(Articles 178-184)

Article (178)
Pursuant to this Constitution, a Constitutional Court shall be established to exercise its jurisdiction independently, and to preserve the legality of the work of the institutions of the State. The Court shall consist of nine judges, whose term of office shall be nine years and shall not be renewable or extendable.
The Council of Ministers shall nominate judicial candidates, to be appointed by the President of the State and then approved by the House of Representatives the members of the Constitutional Court shall be appointed by the President of the State on the proposal of the Council of Ministers and the approval of the House of Representatives. The Court shall establish its own rules of organization and operation.

Article (179)
The Constitutional Court judges shall elect, amongst them as president of the court for a three-year term of office.
Before commencement of their constitutional powers, the President of the Court and the judges at the Constitutional Court shall take the legal oath before the President of the State, the Speaker of the House of Representatives and the President of the High Council of the Judiciary jointly:

Article (180)
A judge of the Constitutional Court shall not assume any other employment or conduct any commercial, political, or partisan activity. Shall the judge be a member of a political party, he shall terminate that membership prior to taking the legal oath.

Article (181)
Membership of the Constitutional Court shall terminate:
- At the end of a judge’s term of office as provided by this Constitution;
- By voluntary resignation;
- By loss of any of conditions of eligibility to membership; or
- By judicial conviction for a criminal offense.
A successor shall be appointed not more than one month of the position becoming vacant.

Article (182)
Pursuant to a request from the President of the State, the Prime Minister, Speaker of the House of Representatives, ten members of the House of Representatives, Court of Appeal, Court of Cassation, Supreme Court of Justice and the Chief Public Prosecutor, the Constitutional Court shall examine the conformity of the following matters with this Constitution:
- Laws, (prior to being promulgated before their promulgation, may be referred to the Constitutional Court, which shall rule on their conformity with the Constitution. This referral shall be made in less than thirty days from transmitting these laws to the President of the State for accreditation and promulgation;
- Deciding disputes related to the conformity with the Constitution of laws, ordinances, regulations, measures and decisions issued or taken by the President of the State or the Council of Ministers, which have the force of law;
- Interpretation of constitutional texts when a dispute arises over the rights, duties, or competencies of the three public authorities, and when a dispute on competence arises between the President of the State and the Prime Minister;
- Deciding disputes related to the programs and activities of political parties and associations, their dissolution and suspension procedures, and their conformity with the Constitution;
- The conformity with the Constitution of signing treaties and the procedures for their implementation, and deciding nullity of the law or parts thereof, when violates the Constitution or an international treaty; and
- Any other competence assigned to it by this Constitution.

Article (183)
The Constitutional Court shall render void or end the effectiveness of the law, regulation, ordinance or measure not conform with the Constitution, in accordance with the law governing its operation.

Article (184)
Decisions of the Constitutional Court shall be final. It shall not be contested under any kind of review (in any manner). The decisions shall be binding to all public authorities and persons.

CHAPTER FOUR
CONCLUDING PROVISIONS
(Articles 185-190)

Article (185)
This Constitution shall be called the “Constitution of Palestine”; it shall be based on the will of the Palestinian people
Prior to the establishment of the Independent State, the Palestine National Council of the Palestine Liberation Organization shall approve this Constitution. In case of the inability of the Council to convene, the Palestine Central Council of the Palestine Liberation Organization shall approve this Constitution
Upon establishing the Independent State of Palestine, and promptly after the first general elections, the first House of Representatives, by consent of two-third majority of the total of its membership, shall have the authority to give the final approval to this Constitution. The House, by majority of the total of its membership, may decide on submitting this Constitution by Referendum to the decision of the people. If a majority of the votes cast at such Referendum shall have been cast in favor of its enactment, this Constitution shall be of full force and effect as the official vote results declared.

Article (186)
The President of the State, the Prime Minister or one-third of the members of the House of Representatives may propose to initiate amendment of any provision of this Constitution by way of variation, addition, or repeal.
In all cases, every proposal shall not be formally valid without consent of a two-thirds majority of the total membership of the House of Representatives. If such majority is not obtained, no more proposals for amendment shall be initiated before the expiry of one-year duration. The House of Representatives shall discuss the subject of the proposal of amendment in no more than sixty-days after the formal validity of such proposal. The amendment shall be approved by two-third majority of the total membership of the House.
The House, by majority of the total of its membership, may decide on submitting the amendment by Referendum to the decision of the people. If a majority of the votes cast at such Referendum shall have been cast in favor of its enactment, this amendment shall be of full force and effect as the official vote results declared.

Article (187)
Subject to this Constitution, and to the extent to which they are not inconsistent therewith, all laws, regulations, resolutions, agreements and treaties in force immediately prior to the date of the coming into operation of this Constitution shall continue to be of full force and effect until the same or any of them shall have been repealed or amended in accordance with the law.

Article (188)
The legislative authority shall prepare and approve the draft laws necessary to set up legal and administrative structures for implementing the provisions of this Constitution and its requirements, and to establish those institutions created herein not more than six months after the Constitution is becoming of full force and effect.

Article (189)
Public institutions shall continue to exercise their powers according to the constitutional and legal rules governing its functions until the necessary legislation is set up, as demanded in this Constitution.

Article (190)
The Basic Law promulgated on May 29, 2002, and anything contrary to the provisions of this Constitution shall be and are hereby repealed.

Issued in the city of _____________ on ___ / ___ / 2003 AD
Corresponding to ___ / ___ / 1424 A.H. [Hejira year]

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