Constitutionalism and Palestinian Constitutional Development

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Author: Dr. Gregory S. Mahler

Number of pages: 357
Date of Issue: August 1996

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Description

This study attempts to assess the prospects of a constitutional government arising in Palestine. In the first section, Mahler draws on examples from constitutions and governmental systems throughout the world to illustrate some general ideas about constitutionalism (functions, ideology, basic laws,
government institutions, jurisdiction, and amending the constitution). Mahler also goes over various ways of arranging power in a political system (federal, confederal, and unitary), and discusses the extent to which it is important to analyze a state’s constitution. In the second part, Mahler examines briefly the constitutions of Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya,
Saudi Arabia and Syria, and discusses constitutionalism in the Middle East and whether the political culture in the region is suited to foster democratic government. The last section deals with Palestinian political culture as well as the experience of Palestinians in their efforts towards democratization and a constitution from the founding of the PLO in 1964 through the present. The primary evidence cited is from surveys conducted among Palestinians with regard to their ideas about democracy generally, and especially their views of the January 1996 elections. Mahler shows how the revisions of the constitution have mirrored the increasing sophistication of Palestinians and their increasing attention to making sure that the constitution will protect citizens’ rights and limit the power of the government. The annex contains the texts of most of the investigated Middle Eastern countries’ constitutions.