الفصل بين السلطات فى النظام السياسي والدستوري الفلسطيني وأثره فى إعمال حقوق الإنسان / باسم صبحي بشناق

Abstract

This study attempts to clarify the legal and practical problems that accompanied the implementation of the concept of separation of powers in the Palestinian political system and the effects of such problems on the realization of human rights in the period between 1996 till the middle of 2007. The study describes, analyzes, and criticise all the legal texts that are stated in the basic Palestinian law, and the primary and secondary legislations that are relevant to the work of the three powers, the executive, legislative, and judiciary powers and the relationship between them. In this regard the study relies on the concept of separation of powers based on the modern perspective of the term and the method of its implementation in contemporary democratic systems. The study concludes that even though the Palestinian political system adopted the concept of separation of powers in its basic law, the process of regulating the relationship among the three powers in accordance with the detailed legal texts suffered from a number of legal problems that are not in line with the concept and essence of the modern notion of separation of powers, and its method of implementation in contemporary democratic systems. These problems resulted in strengthening the position and jurisdictions of the executive power at the expense of the legislative and judiciary powers, which ultimately enabled the executive power to effectively interfere in the work of the other powers, and limit their ability to enforce their jurisdictions effectively and independently. Furthermore, the legal problems inherent in the implementation of the concept of separation of powers negatively affected the performance of the three powers in the field of human rights, whereby the legislative and judiciary powers did not perform their legal obligations in this field effectively. On the other hand, the executive power is found to have committed numerous violations of the rights and freedoms of citizens without the remaining two powers being able to hold it accountable for such violations.