Constitution of Palestine

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The 1979 constitution of Palestine (Arabic: دستور جمهورية فلسطين عام ١٩٧٩ dustūr jumhūriyat falasṭīn ‘ām alf wa tisa‘at mi’ah wa tisa‘ah wa saba‘ūn) is the most recent constitution of the Republic of Palestine and the supreme law of the country. It was drafted by the Constitutional Council of Palestine in late 1978/early 1979, and passed by the Palestine Arab Congress on 18 September 1979.

English translation[edit | edit source]

Preamble[edit | edit source]

The Palestinian people have from the very start of recorded history played a major and decisive role in the progressive development of civilisation. Whether part of great merchant empires which preached and implemented securities to all peoples within its realm, or actively trying to restore such basic dignities and freedoms from under the boot of foreign oppression, the peoples that inhabit Palestine have always placed themselves at the forefront of the active, unyielding global struggle for peace and self-determination.

In honour of this legacy, the Republic of Palestine hereby proclaims its unflinching dedication to the realisation and defence of those principles outlined in the Universal Declaration of Human Rights, namely the solemn dignity and equal treatment under the law of all peoples, regardless of ethnicity, national origin, religious affiliation, political belief, marital status, gender, sexual identity, or age. The Palestinian state also hereby proclaims its dedication to the principle of secularism, manifest in the total separation of the spheres of religion and politics in the public life.

Article 1[edit | edit source]

i. The Republic of Palestine is a sovereign state which is an integral and inseparable part of the Arab homeland, and is governed as a democratic republic based upon the principles of equality, secularism and justice;
ii. All sovereignty belongs to the Palestinian people, who are universally and equally represented in the Palestine Arab Congress, and who directly elect the President of the Republic;
iii. The official language of the Republic is Arabic;
iv. The capital of the Republic is Jerusalem;
v. The flag of the Republic is a tricolor of three equal horizontal stripes of black, white, and green from top to bottom, overlaid by a red triangle issuing from the hoist; the flag of the Republic shall take precedence over all other flags in all circumstances, excepting its use on sites of international diplomacy;
vi. The coat of arms of the Republic is a blazon tierced per pale Sable, Argent, and Vert, surmounted by a pile Gules, supported by the Eagle of Saladin Or atop the motto "Republic of Palestine";
vii. The national anthem of the Republic is "My Redemption", with lyrics by Said el-Muzayin and music by Ali Ismael; all presidential inaugurations, Palestine Arab Congress sessions, state-sponsored national events, and official periods of mourning are to be opened with the national anthem's recitation.

Article 2[edit | edit source]

i. The political system of the Republic of Palestine is republican, with a semi-presidential executive office;
ii. The President of the Republic is directly elected by all citizens aged 18 and above to a term not exceeding six (6) years; the President of the Republic appoints the Vice President of the Republic, who executes all powers of the presidency as delegated by the President of the Republic;
iii. In the event of the incapacitation of the President of the Republic, the Vice President serves as Acting President of the Republic until the recovery or death of the incumbent President; in the event of the death or permanent incapacitation of the President of the Republic, the Acting President is to call presidential elections within three months, and continues to serve as Acting President of the Republic until the inauguration of the President-Elect of the Republic;
iv. The Palestine Arab Congress is the highest legislative authority in the Republic; it consists of 233 seats, each representing an electoral district of equal population, which are directly elected by the district's constituents every three (3) years;
v. The Council of Ministers is the highest executive authority in the Republic; it is led by the Prime Minister of the Republic, who is appointed by the President of the Republic; the Prime Minister and Council of Ministers must maintain the confidence of a majority of deputies in the Palestine Arab Congress, or face the possibility of dismissal via a no-confidence vote; the President of the Republic can also dismiss the Prime Minister and dissolve the Council of Ministers via executive order;
vi. The Supreme Court is the highest judicial authority in the Republic; it is led by the Supreme Justice of Palestine, who appoints and oversees the work of eight puisne justices; the Supreme Justice is appointed by the President of the Republic on advice of the Palestine Arab Congress;
vii. The Supreme Justice of Palestine appoints the Constitutional Council, which is responsible for upholding the integrity of the Constitution of the Republic and for drafting constitutional amendments; all amendments to the Constitution of the Republic must be drafted by the Constitutional Council, and submitted to the Palestine Arab Congress which approves the amendment with a two-thirds' majority vote;
viii. The President of the Republic is the Commander-in-Chief of the Palestinian Armed Forces, the Palestinian National Guard and the Palestine National Police, and is exclusively empowered to declare war, martial law or a national state of emergency, and to issue pardons; following a presidential election and before the proceeding presidential inauguration, the incumbent President of the Republic and the President-Elect of the Republic shall serve jointly as Commander-in-Chief of the Palestinian Armed Forces, the Palestinian National Guard and the Palestine National Police, and shall exercise jointly and equally all responsibilities of this office;
ix. The Palestine Arab Congress is exclusively empowered to initiate impeachment proceedings against the incumbent President of the Republic, which must be approved by a two-thirds' majority vote; the approved bill of impeachment must then be submitted to the Supreme Court of Palestine, which makes final ruling on the matter of impeachment based exclusively upon legal considerations, and in consultation with the Constitutional Council.