What Political System for Palestine? Lessons Learnt from the Political Crisis of, and the Institutional Deadlock in, the Palestinian Authority Form of Government According to the Basic Law

Abstract

This paper speculates about the political system for the state of Palestine. The point of departure is the Palestinian Authority, in control, since 1994, of parts of the occupied Palestinian territory. Without underestimating other possible factors, this paper argues that the failure of the Palestinian Authority, the blockage of its political system, and the inability of the institutions and mechanisms established by the Basic Law to resolve conflicts between political actors and branches of government, is related to structural deficiencies of the form of government. Recognizing the existence of serious problem in the Basic Law itself, and the institutions established by it thereof, does not argue that the Basic Law needs to be rejected as a constitutional text ruling the Palestinian Authority. Rather, this paper argues for the rejection of some of the assumptions that one may have with regards to the Basic law, both to its role and importance in the Palestinian legal system, and the way its provisions can be interpreted. This paper suggests a different paradigm for understanding the Basic Law and for the way it can be interpreted, and used as tool for pacific and efficient separation of powers.