Al-Zaytouna Centre has released a new book entitled, An Advisory Opinion on the Dissolution of the Palestinian Legislative Council, prepared by Prof. Ahmed Mubarak al-Khalidi, the Constitutional Law professor, former dean of the Faculty of Law at An-Najah University, and the head of the drafting committee of the Palestinian Constitution; and Dr. Anis F. Kassim, an international law expert and he was a member of the Palestinian legal defense team before the International Court of Justice (ICJ) in the 2004 landmark case on Israel’s separation wall, and that led to the ICJ’s Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.
This book includes two studies. In the first, al-Khalidi discusses the legitimacy of the constitutional court decision to dissolve the Palestinian legislative Council (PLC), and the legal and political environment of the Palestinian Authority (PA) that helped to violate the Constitution. At first, he recalled the constitutional and legal rules that have been violated, on which, theoretically the Palestinian political system is based. He also discussed the violations of the provisions of the Basic Law, and then he asserts that the PLC dissolution is a destruction of the Palestinian democratic pillars.
The second study by Dr. Anis F. Kassim discusses the legality of the presidential decision to dissolve the PLC, and presents the comments of some factions and prominent figures concerning the dissolution. He defines the competency of the Constitutional Court and discusses its interpretative ruling. Kassim saw that what President ‘Abbas did in terms of announcing the dissolution of the PLC, is a move that has no grounds in the Basic Law or in customary practice, and that the decision to dissolve the PLC and the call for elections will no doubt have its implications of which the president and his advisers were aware when assessing the impact of this interpretative ruling.
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An Advisory Opinion on the Dissolution of the Palestinian Legislative Council (48 pages, 883 KB) (Arabic)
– Title: Ra’iy Istishary fi Hal al-Majlis al-Tashri‘i al-Filastini (An Advisory Opinion on the Dissolution of the Palestinian Legislative Council)
– Prepared by: Prof. Ahmed Mubarak al-Khalidi and Dr. Anis F. Kassim
– Publication Year: 2019 (1st edition)
– Hardcover: 48 pages
– Price: $5
– ISBN: 978-9953-572-81-9