Full Text of Palestinian Draft Constitution
published in Al-Ayyam (Ramallah)
February 17, 2003
[FBIS Translated Text] Preamble On the land of the fathers and forefathers, the land of heavenly messages, and with heroic steadfastness in the place and across the time, the Palestinian Arab people preserved their national entity against the waves of invaders. Thus, Palestine became a melting pot for the clash of human civilizations, during which the Palestinians molded their cultural heritage on the basis of heavenly spiritual values and tolerance. Throughout their long history they fought, from one generation to another, a legendary struggle against the old and neo-world colonial powers. The Palestinian people, out of faith in their eternal and sacred national rights in Palestine, as incarnated by their permanent attachment to the land of their fathers and forefathers, and while being conscious of the deep wound caused by the big powers to settle the Jewish question and partition the Middle East region, in which the Palestinians bore the brunt of the settlements that took place on the basis of the balance of power resulting from World War I to this day; And, out of awareness of the rules of the evolution of history that govern the course of human conflict, and in defense of their continued existence on their land and the restoration of their national rights, the Palestinians accepted the peace option that would enable them to exercise their right to life on their land on an equal footing with other peoples of the civilized world, determine their own destiny on their land, and establish their independent state on it. Thus, in accordance with the will of the Palestinian people wherever they exist, out of faith in their inalienable national rights and the restoration of these legitimate rights, and in recognition of the important developed role embodied by the PLO as their sole legitimate representative; and considering the nature of the future role, which calls for the representation of the Palestinians in the Diaspora in a constitutional institution until the settlement of everything related to the establishment of the Palestinian state so that the Palestinians in the Diaspora can take part through that constitutional institution in preserving their rights, enhancing their capabilities, developing themselves, determining their destiny; For sake of all that this constitution for the State of Palestine came to bestow legality on the Palestinian state's institutions so that it can continue in its endeavor through its international relations to obtain world assistance in terminating the occupation and regaining the Palestinians' national and individual rights. Therefore, we, the representatives of the Palestinian people, placing our trust in God and conscious of our spiritual and cultural role toward the followers of the heavenly messages throughout history, as truly certified by the Omarite Covenant, the symbol of Islamic-Christian tolerance, and our contribution to world peace while adhering to our right to life, progress, and the development of our natural rights and freedoms like all other peoples; and bearing in mind the interim international and Arab considerations, we establish the State of Palestine for all Palestinians on the firm foundations of democracy, good governace, and a machinery of government, which is strong enough to strike a balance between maintaining the independence of the future Palestinian state and protecting it from external and internal dangers, a machinery that is capable of fulfilling its obligations and guaranteeing equal rights and freedoms for the people of Palestine. In order to approve the constitution in a democratic manner, the legitimate institutions representing the Palestinian people at home and abroad shall adopt it after approving it, so that it will be put to the Palestinian people in a public referendum, and thus become the constitutional base for the modern State of Palestine in accordance with the following bases: (A proposal to set the Declaration of Independence) Chapter I: General Foundations of the State Article 1 This constitution shall be called the constitution of the State of Palestine. It shall be based on the will of the Palestinian people and approved by the majority of the participants in the constitutional public referendum. Article 2 The State of Palestine is an independent, sovereign republic. Its territory is an indivisible whole with its boundaries, as they existed on the eve of 4 June 1967, without violation of the rights acknowledged by the UN resolutions on Palestine. All residents on this territory shall be subject to the Palestinian law only and no other law. An alternative proposal: The State of Palestine is an independent, sovereign republic. Its territory is an indivisible whole within its recognized boundaries, which are based on international legitimacy represented by the UN resolutions. All residents on this territory shall be subject to Palestinian law only and no other law. Article 3 Palestine is part of the Arab homeland. The State of Palestine shall abide by the Arab League Charter. The Palestinian people are part of the Arab and Islamic nations and Arab unity is an aim, which the Palestinian people shall strive to achieve. Article 4 The State of Palestine is a peace-loving state. It believes in equality between peoples, repudiates aggression, and calls for settling international and regional problems by peaceful means. It also abides by the UN Charter. Article 5 Arabic shall be the official language of the state. Article 6 Jerusalem shall be the capital of the State of Palestine and the seat of its public authorities. Article 7 Palestine's flag, motto, medals, seals, and national anthem shall be defined by law. Article 8 Islam is the official religion in Palestine. Christianity and other heavenly messages shall have their sanctity and respect. The constitution shall guarantee equal rights and duties for all citizens, irrespective of their religious belief. Article 9 The principles of the Islamic shari'a shall be a primary source for legislation. Followers of the heavenly messages may organize their personal conditions and religious affairs according to their religious laws and creeds in a manner that preserves the Palestinian people's unity and independence. Article 10 The people are the source of authority. They shall exercise its powers directly through referendum, general elections, their elected representatives in the three government branches -- the legislative authority, the executive authority, and the judicial authority -- and their constitutional institutions. Article 11 The relationship between the three public authorities shall be based on equality and independence in the exercise of their powers on the basis of relative separation of their functions with mutual cooperation and control between them. No authority shall exercise the powers that have been entrusted to another in accordance with constitutional rules. Article 12 The Palestinian political system shall be a representative parliamentary democracy based on political party pluralism. It shall guarantee these rights and freedoms for the citizens without any discrimination. Article 13 The principle of the rule of law and justice shall be the basis of governing in Palestine. All authorities, departments, organizations, institutions, and individuals shall be subject to the law. The state shall insure the protection of public rights and freedoms without any discrimination. Article 14 A. All functions of the public authorities in the State of Palestine shall, in ordinary and extraordinary circumstances, be subject to administrative, political, legal, and judicial control. B. Law provisions ban the immunity of any administrative function or decision from judicial control. C. The state pledges to compensate damages caused by errors and dangers resulting from the functions and procedures carried out by state employees. Article 15 There shall be no crime or punishment except as stipulated by law. A penalty can only be carried out according to a judicial ruling. A corporate or normal person is not immune to prosecution under the law and execution of court sentences. Judicial independence and immunity are two basic guarantees for protecting rights and freedoms. Violation of the dignity of the judiciary shall be punishable by law. Article 16 Palestinian citizenship shall be organized by law without prejudicing the right of anyone who acquired it before 15 May 1948 in accordance with the law or the right of the Palestinian who was resident in Palestine before that date. This right is transmitted from fathers and mothers to their children. The right endures unless it is given up voluntarily. It is impermissible to deprive the Palestinian of his citizenship. The law shall regulate the methods of acquiring and conceding it and the citizen's rights and obligations in the case of the multiplicity or lack of citizenship. Article 17 A. The Palestinian's return to the State of Palestine and acquisition of its citizenship is a permanent right, which is inviolable and not subject to prescription. B. The State of Palestine shall strive to fulfill the Palestinian refugees' right to repatriation and compensation through negotiations and political and legal means in accordance with UN Resolution 194 of 1948 and the principles of international law. Article 18 Natural resources in the State of Palestine are the property of the Palestinian people on which they shall exercise their sovereignty. The state shall abide by preserving them. It shall also issue a law, which will insure their exploitation in the best manner possible, while preserving the religious, environmental, and cultural heritage. The protection and preservation of relics and historical places is a societal and official responsibility. It is forbidden to tamper with or damage them. Whoever encroaches on, damages, or sells the relics shall be punishable under the law. Article 19 A clean, balanced environment is an aim, which the state seeks to achieve. Preservation of the Palestinian environment is an official and societal responsibility. Article 20 The economic system in the State of Palestine shall be based on the principles of the free market. The law shall protect the freedom of economic activity while maintaining legitimate competition. It is permissible for the state to establish public companies organized by law. Article 21 The state shall strive to achieve social, economic, and cultural development and scientific progress for the Palestinian people while bearing in mind the considerations of social justice. It shall take care of the special groups, especially those that suffered during the struggle to achieve the Palestinian national plan and establish the independent Palestinian state. Article 22 The State of Palestine shall abide by the World Declaration of Human Rights and strive to join the other international conventions and pacts that guarantee human rights. Chapter II: Public Rights, Freedoms, and Duties Article 23 Palestinians are equal in public rights and duties before the law and justice. There is no discrimination between them due to race, sex, color, religion, political opinion, social origin, wealth, birthplace, or disability. Article 24 The individual's basic rights and freedoms are inviolable and must be respected. The state shall guarantee religious, civil, political, economic, social, and cultural rights, as well as freedoms for all citizens under the principle of equality and equal opportunity. Article 25 A. Every Palestinian of either sex, who has attained mature age and enjoys his civil and political rights, has the right to vote under the conditions stipulated in the law. B. Whoever holds the Palestinian citizenship only, and no other citizenship, can nominate himself for the presidency or membership in the parliament. He can also assume a ministerial or judicial post. Article 26 The woman has her legal status and independent financial right. She also has the same basic rights, freedoms, and duties as the man. Article 27 The woman has the right to an active role in the social, political, cultural, and economic life. The law shall remove all restrictions that prevent her from taking part in building the family and society. The woman's constitutional and legal rights are inviolable. The law punishes any violation of these rights and protects the woman's right to legal inheritance. Article 28 The child has all the rights guaranteed under the Arab Charter on the Rights and Welfare of the Child, to which Palestine abides. Article 29 A. The right to life is inviolable and protected by law. B. Capital punishment shall only be carried out against crimes that are very dangerous to the security of society. C. It is impermissible to issue the death sentence against a political crime unless it is linked to committing or attempting to commit murder. D. The court alone shall issue the death sentence. The convicted person has the right to appeal before a higher judicial authority for pardon or commutation of the sentence. Article 30 A. Every person has the right to personal safety. B. It is banned to punish a person, hurt him physically or psychologically, treat him inhumanely, or subject him to a harsh, humiliating, or demeaning punishment. These acts or participation in them are consider a crime, which is punishable under the law and not subject to prescription. C. Any confession that is proven to have been obtained under duress or serious threat cannot be considered as proof for conviction. Whoever obtains such confession by exploiting his authority shall be punishable under the law. Article 31 A. It is forbidden to carry out scientific or medical experiments on anyone without his prior legal consent. It is impermissible to subject anyone to medical checkup, treatment, or a surgery except by law. B. The law shall set forth the rules governing organ transplants and other innovations of scientific progress for legitimate humanitarian purposes. Article 32 A. Every person has the right to freedom and personal safety. It is impermissible to encroach on this right except in the cases and according to the procedures stipulated in the law. B. It is impermissible to arrest, search, imprison, or restrict the freedom of any person in any way except by orders of a competent judge or the public prosecution with the support of a legal warrant. This is essential for preserving the security of society. Whoever is subjected to such measures has the right to seek the assistance of an attorney. He must also be referred to the competent judicial quarter forthwith. The law shall define the conditions of precautionary remand. C. Whoever is arrested, detained, or held without any legal reason has the right to compensation. Article 33: A. The accused is innocent until proven guilty in a fair trial, where he is guaranteed the right to defend himself. B. The accused shall be given all the necessary guarantees to defend himself personally or through the assistance of an attorney of his choice in a public trial. The court shall provide him with an attorney to defend him if he cannot afford one. Article 34 A. Prisoners and those, whose freedom has been restricted, shall be treated humanely to preserve their dignity. B. The execution of sentences shall conform to the minimum level rules on the treatment of prisoners adopted by the United Nations. C. The issuance and execution of sentences against juveniles should achieve the aim of their reform, education, and rehabilitation. Article 35 Every citizen has the right to choose his place of residence and to move free within the State of Palestine. It is impermissible to prevent anyone from leaving Palestine except under a court order issued in accordance with the law. Article 36 It is forbidden to deport a Palestinian from his country or deprive him of the right to return to it. The Palestinian shall not be extradited to a foreign country. Article 37 It is forbidden to extradite a foreign political refugee, who enjoys the legal right of political asylum. Extradition of ordinary foreign defendants shall be in accordance with international agreements or pacts. Article 38 A person shall not be deprived of his legal right of defense or basic rights and freedoms for political reasons. Article 39 A. Litigation is a right guaranteed for every citizen by the state. Every individual has the right to resort to his attorney to protect his rights and freedoms and seek compensation for any encroachment on them. B. The law organizes the procedures of litigation to insure expeditious settlement of cases without prejudicing the rights of the litigants. C. In case of a judicial error the state is duty bound to compensate the aggrieved party. The law shall define the conditions and procedures. Article 40 Punishment is personal. A person is not punished for the same crime more than once. Collective punished is forbidden. Article 41 The principle of equating crime with punishment shall be considered. Punishment shall only be for actions subsequent to the enforcement of the law. The retroactivity of the law shall be considered in non-criminal cases. Article 42 The private life of every person, including family privacy, sanctity of home, secrecy of correspondence, and other methods of private communication have their legal sanctity. It is impermissible to encroach on them except by legal order and within the bounds of the law. Whatever violates the provisions of this law is null and void. Whoever suffers damages as a result of these measures has the right to compensation. Article 43 Freedom of belief and practice of worship shall be guaranteed under the provisions of the constitution. The state shall guarantee access to holy places under its sovereignty under the constitution and the law. The state shall guarantee for the followers of all heavenly messages the sanctity of their places of worship under the principles of the Omarite Covenant and Palestine's international obligations. Article 44 There shall be no encroachment on the freedom of expression. Every person shall have the right to express his opinion and make it public by voice, print, art, or any other form of expression, while taking into consideration the provisions of the law. It is impermissible for the law to lay down restrictions on the right of expression except in the narrowest limits to respect other people's rights and freedoms. Article 45 The establishment of newspapers and ownership of all types of news media are a right for everyone guaranteed by the constitution. Their sources of funding shall be subject to legal control. Article 46 A. The freedom of the news media, including press and publication and audio and video transmission, as well as of the workers in them shall be guaranteed and protected by the constitution and the relevant laws. B. The news media shall practice their mission in freedom. They shall express the different opinions within the framework of the basic values of society, while preserving public rights, freedoms, and duties. C. It is impermissible to subject news media to administrative control, disrupt them, or confiscate them except by a judicial ruling in implementation of the law. Article 47 Journalists and citizens have the right of access to news and information with transparency and responsibility according to the conditions organized by the law. Article 48 Every citizen has the right to live in a free, intellectual atmosphere, participate in cultural life, develop his intellectual and creative talents, enjoy the fruits of scientific and technological progress, and protect the moral and material rights devolving from any of his scientific, artistic, or literary works. Article 49 A. Education is a right for the individual and society. It is compulsory for every citizen until the end of the elementary stage at least. It is guaranteed by the state in schools, institutes, and public institutions until the end of the secondary stage. B. The law shall organize the method of state supervision of education, its performance and programs. Article 50 Private education shall enjoy full freedom. Private schools, institutions, and educational centers shall abide by state curricula and plans. The law shall organize state supervision of its systems and programs. Article 51 The state shall respect the independence of institutions, universities, and research centers, as well as their scientific objectives. It shall also supervise them to insure freedom of scientific research and creativity in all fields. The state shall encourage, assist, and protect them within the limits of its resources. Article 52 The state shall organize social security services and old age and disability pensions. The law shall organize the welfare of the families of martyrs and prisoners, as well as orphans, and look after the wounded in national struggle, and the needy. The state shall, within the limits of its resources, guarantee them education, health and social insurance services and give them priority in job opportunities in accordance with the law. Article 53 The state shall, within the limits of its resources, guarantee health insurance as a right for the individual and an interest for society. It shall also guarantee basic health care for those who cannot afford it. Article 54 A. The state shall guarantee the welfare of the family, motherhood, and childhood and look after the welfare of children and youths. The law shall organize the rights of the child, the mother, and the family in conformity with the provisions of international agreements and the Arab Charter for the Welfare and Rights of the Child. B. The state shall strive in particular to protect children from harm, abuse, and exploitation. It shall also avoid any harm to their safety, health, and education. Article 55: [not published] Article 56: Every Palestinian citizen shall enjoy the public rights and freedoms guaranteed by the constitution. The laws shall regulate them on the basis of equality so as to enable the citizen to participate in political life directly, whether in his individual capacity or through a political party or democratic civil society organizations. Article 57 Every Palestinian citizen has the right to express his opinion in referendums and elections. He also has the right to nominate himself or another person, provided he meets the nomination conditions in accordance with the rules of the constitution and the provisions of the law. Article 58 The parliament shall endeavor through its legislative policy to encourage democratic participation by the people's factions and insure greater democratic participation by the Palestinian society. Article 59 Every citizen shall have the right to participate in political activities in an individual or collective capacity. Citizens shall enjoy the following rights and freedoms: A. Forming, joining, or withdrawing from political parties in accordance with the law. B. Forming, joining, or withdrawing from unions, societies, federations, leagues, forums, clubs, and institutions in accordance with the law. The law shall organize the procedures on the acquisition of their corporate status. C. Nominating, voting, and expressing opinion in public referendums in accordance with the law. Article 60 A. Every individual shall enjoy the right to hold private meetings without the presence of policemen, as long as they do not violate the law. B. Every individual has the right to hold public meetings and stage demonstrations with others in a peaceful manner and without bearing arms. It is impermissible to set restrictions on these two freedoms. The exception are those restrictions, which are enforced by law and constitute essential measures in a democratic society that upholds the rights and freedoms stipulated in the constitution. Article 61 Every citizen has the right to address the public authorities and submit petitions and complaints in writing and with his signature on them. Article 62 It is impermissible to disrupt any of the basic rights and freedoms. The law shall specify the rights and freedoms that can be restricted temporarily in extraordinary circumstances and on matters relating to public safety and national security. Arbitrariness in the exercise of right or authority is punishable by law. Article 63 Any attack on the basic public rights and freedoms guaranteed by the constitution and the law is a crime and the resulting criminal or civil case shall not be subject to prescription. The state shall guarantee fair compensation for the aggrieved party. Article 64 The state is responsible for the security of individuals and their property. It shall guarantee the protection of the citizen's rights at home and abroad. Article 65 A. Defense of the homeland is a sacred duty and its service is an honor for the citizens. National service shall be organized by law. B. It is impermissible for individuals and groups to obtain, carry, or possess arms in violation of the provisions of the law organizing such activities. Article 66 Payment of taxes and public dues is a duty organized by law. Article 67 Public property is inviolable. The law shall guarantee its protection in the service of the public interest. Article 68 The law shall organize the Awqaf Department and manage its property and funds. Article 69 A. Private property is inviolable. The rights devolving from it shall be exercised in a manner that does not violate the public interest. They shall only be withdrawn or seized in the public interest and in accordance with the law in return for a fair compensation. B. Private property can be seized by a court ruling only. C. Public seizure of the right of ownership is forbidden. Article 70 The law shall organize real estate ownership by foreigners. Article 71 A. Employment is the right of every citizen. The state shall endeavor to insure job opportunities for those who cannot find jobs through its development plans and by supporting the private sector. B. The laws shall organize labor relations to insure justice for all parties and welfare and security for workers. It is impermissible to enforce any job on citizens. The law shall organize compulsory work through a fair compensation. C. It is permissible to form professional societies. D. The law shall insure the protection of the child to prevent his exploitation in jobs that could hurt him and are not consistent with the provisions of international charters for childhood rights. Article 72 The right to protest and go on strike shall be exercised within the bounds of the law. Article 73 Every citizen has an equal right to public jobs on the basis of qualification, competence, and equal opportunities in accordance with the rules of the law organizing public jobs. Article 74 An independent public organization shall be established by law. The organization, which shall consist of judicial, political, and official figures known for their credibility and belief in citizens' rights and desire to defend these rights, shall perform the following functions: - Observe the status of citizens' rights and freedoms. It can in this capacity obtain information with responsibility and transparency. - Prevent the use of information received for purposes than those stated in the law on its establishment. - Receive complaints against state agencies that encroach on citizens' basic rights and freedoms. - Make suggestions for improving the performance of state agencies to guarantee the protection of citizens' rights and freedoms. It may also present proposals and reports on its control and development activities to parliament and the president of the state. Chapter III: Public Authorities Article 75 National sovereignty is the people's right and source of authority. The people shall exercise its powers directly through referendum, general elections, or their elected representatives in the three public authorities -- the legislative authority, the executive authority, and the judicial authority -- and constitutional institutions. No individual or group can claim for itself the exclusive right to exercise these authorities. Article 76 The relationship between the three public authorities is based on equality and independence in the exercise of their powers on the basis of relative separation of their functions, cooperation and mutual control between them. No authority has the right to exercise the powers invested in another authority under the rules of the constitution. Section One: The Legislative Authority -- The House of Representatives Article 77 The House of Representatives shall assume legislative authority and approve policies, plans, and the state budget, which shall be prepared by cabinet. It shall also exercise control on the work of the executive authority in the manner stated in the constitution. Article 78 The House of Representatives shall consist of 150 deputies representing the Palestinian people. They shall be elected in accordance with the provisions of the constitution. Nomination for membership in the House of Representatives shall in accordance with the provisions stipulated in the constitution and the Electoral Law. The nominee for the House of Representatives must be Palestinian, who does not hold another citizenship. Article 79 Members of the House of Representatives are elected for a five-year term. They may be re-elected more than once. It is impermissible to extend the term of the House of Representatives except in the case of necessity and by a law approved by two-third majority of the house members. Article 80 The House of Representatives shall be based in the capital of the State of Palestine, Jerusalem. It is possible to hold its sessions in other places at the request of the majority of house members. Article 81 The House of Representatives shall in the first meeting of every annual session elect a speaker, two deputy speakers, and a secretary general by secret ballot. They shall form the house presidency. It is impermissible for members of the house presidency to assume a ministry or any other government post. It is permissible for a house member to assume a ministerial post, provided parliamentary ministers in the government do not exceed 50 percent of all ministers. Article 82 The opening meeting of the ordinary session of the House of Representatives shall not be deemed to have attained a quorum except with the presence of its speaker or his legal representative and a majority of at least two thirds of the house members. Subsequent meetings of the ordinary session of the House of Representatives shall be deemed legal with the attendance of the speaker or his legal representative and the absolute majority of the house members. The president of the state shall open the first ordinary session of the House of Representatives and deliver the opening speech. Article 83 Before the House of Representatives assumes its constitutional tasks in its first session following the election of its presidency, the house members shall take the following oath: "I swear to God Almighty that I will be faithful to the homeland, preserve the rights and interests of the people and the nation, respect the constitution and the law, and carry out my duties sincerely. God be my witness." Article 84 The House of Representatives shall, at the request of its speaker, convene every year in an ordinary session with two four-month terms. The first term shall begin in the first week of March, and the second shall meet in the first week of September. The president of the state, or the speaker of the House of Representatives, or two thirds of the house members can call the house to an emergency meeting when it is not in an ordinary session. Article 85 The House of Representatives may contest the representative capacity of any member before the Constitutional Court, which shall decide on the issue in accordance with the law regulating the membership. A representative who does not meet the conditions of qualification for his election in the house or loses them risks forfeiting his membership in the house. The forfeiture calls for a house decision with the approval of two thirds of the members. Article 86 If one or more seats in the house become vacant due to death, resignation, or loss of qualification before the end of the house's term by at least six months, by-elections shall be held in the constituency concerned within a month from the time the post becomes vacant. The law shall define the conditions leading to the loss of qualification. Article 87 The sessions of the House of Representative are held in public. It is permissible through a decision by the majority of those present to hold the session in camera. Article 88 The House of Representatives shall, by law, approve its bylaws, which will set the procedures for the performance of its legislative and control duties and the procedures for questioning its members within the bounds of its powers, as long as they do not conflict with the provisions of the constitution. Article 89 The speaker of the House of Representatives or one fifth of its members have the right to propose draft laws. Any motion that does not have the approval of the required majority shall not be presented for discussion in the same session except after obtaining the approval of a two-third majority in the house. Article 90 Decisions in the House of Representatives, including the approval of draft laws and the draft annual budget, shall be made by the majority vote of those present, except in the cases that demand a special majority for their approval. Article 91 The House of Representatives shall approve the general development plan and the law shall determine the method of its preparation and presentation to the house. Article 92 The House of Representatives shall approve international agreements and treaties, which the State of Palestine concludes or joins, with the approval of the majority of the house members. They shall be effective as of their publication in the Official Gazette. Article 93 The House of Representatives shall begin the procedure of promulgating laws by referring every draft law to the competent committee or committees. It shall then discuss the draft law and vote on it in three readings. The house's bylaws shall define the procedures for discussing and approving draft laws. Article 94 The laws approved by the House of Representatives and endorsed by the president become effective 30 days after the date of their publication in the Official Gazette, unless the constitution or the law set another date. Article 95 The laws shall be published in the Official Gazette within 30 days: - From their endorsement by the president; or - From their endorsement by the president after being returned to him and approved by the House of Representatives again by a majority of two thirds in the case of the president's objection to them; or - Within a month from the house's request for their publication in the Official Gazette. They shall then be considered issued by force of the constitution. Article 96 The House of Representatives may form special temporary committees or entrust one of its standing committees to investigate any public issue pertaining to the activity of any of the state agencies, which under its control. The committee may collect evidence from and hear the testimony of anyone. It may also examine documents, obtain statements from all quarters, and submit its report to the house so that it can make the appropriate decision on it. Article 97 The House of Representatives alone has the right to maintain peace and order within parliamentary buildings and utilities and during its sessions and committee meetings. It shall have its special guard under the command of its speaker. Security men and any other armed force have no right to enter or station themselves in the parliament or its utilities except at the request of the house speaker. Article 98 Every house member has the right to address questions and seek clarifications from the prime minister or any of his deputies, or any of the ministers and their assistants on any subject that falls within their competence. The member has the right to obtain answers to his questions and queries in accordance with the procedures defined by the house bylaws. Article 99 Every house member has the right to direct an interpellation to the prime minister or any of his deputies or any of the ministers and their assistants or those under their direct supervision on any subject that falls within their competence. It is impermissible to discuss the interpellation before one week after its submission, unless the addressee is willing to reply or discuss within a lesser period. The period may be reduced by a house decision in case of urgency. Article 100 A. After interpellation, ten house members may request the following: i) Censure the minister or the cabinet. ii) Withdraw confidence in the minister or the cabinet according to the circumstances. B. Voting may not take place until three days at least from the date of the request was made. The decision to withdraw confidence shall be made with the approval of the majority of house members. Article 101 If the house majority agreed to withdraw confidence in the prime minister or more than one third of the cabinet, the cabinet shall be considered as having resigned. It shall continue to dispose of its executive functions until a new cabinet has been formed and won the confidence of the house in accordance with the provisions of the law. If the majority of the house members approved the withdrawal of confidence in the minister, then he must resign. Article 102 The president of the state may when necessary dissolve the House of Representatives after consultation with the prime minister and the speaker. If the president decides to dissolve it, he will issue the dissolution decision, which will include a call for holding new parliamentary elections on the dates and in accordance with the procedures defined by the Electoral Law. The house shall continue to exercise its powers until the election of a new house. It is impermissible for the president of the state to dissolve the House of Representatives during the first year of its formation or during the period of the declaration of a state of emergency, as defined in the constitution. Article 103 The president of the state shall call for parliamentary elections before the end of the house's legal term on the dates and in accordance with the procedures organized by law. If the president does not call for elections during the aforementioned period, the speaker shall ask the Constitutional Court to call for elections. If it is impossible to hold elections on the set date due to a state of war, an imminent war, or siege preventing the functions of the constitutional institutions, the house shall continue to exercise its duties until the elections become opportune within 60 days after the removal of the impediment. Article 104 The house may through a decision made by two thirds of its members direct the charge of high treason or violation of the constitution to the president of the before the Constitutional Court. Leveling charges against the prime minister and minister before the courts shall be in accordance with the existing legal procedures and on the basis of a decision made by a two-third majority of the House of Representatives. The Competence of the House of Representatives on Financial laws Article 105 The law shall set forth the provisions for government drafting and approval of the budget and disposal of appropriated funds, the attached development budgets, the budgets of state organizations and corporations, and the projects in which the public sector subscribes not less than 50 percent of the capital. Article 106 The government shall submit the draft annual budget to the House of Representatives two months before the beginning of the Fiscal Year. The house shall hold a special session to discuss the draft annual budget. Discussion and voting shall be conducted on the clauses and chapters of the budget and also on the entire budget so that it may be approved or returned to the government with comments so that the requested requirements may be completed within one month. It shall then be returned to the House of Representatives for approval, prior to its issuance by the president of the state. The House of Representatives shall ratify the annual budget within 75 days from the date of its presentation according to the previous paragraph. Article 107 It is impermissible during the discussion of the draft budget to levy taxes, amend tax laws, or make an increase in estimates of expenditures and revenues. Article 108 The law may stipulate the appropriation of funds for more than one year when necessary, or if long-term plans so demand, provided the special appropriations for these plans are included in subsequent budgets or an exceptional budget is made for them for more than one Fiscal Year. Article 109 It is impermissible to transfer funds between the chapters of the budget except with the approval of the House of Representatives. Article 110 As an exception to the norm of budgeting annually, and in case of a delay of more than one month in approving the budget, it is permissible with the approval of the House of Representatives to designate specific sums as monthly allocations at the ratio of 1:12 of the amount of the previous budget until the issuance of the new budget law. Article 111 The government must present the final accounting of the budget to the House of Representative within a period of not more than six months from the date of the end of the Fiscal Year. Article 112 The appropriation and expenditure of public funds shall only be by law. The law shall define the rules of granting the wages, remuneration, allowances, and rewards approved for the state treasury and the quarters, which shall carry them out. It is impermissible to expend any exceptional sums except within the limits fixed by the law. Article 113 Imposition, amendment, or annulment of taxes shall be by law. Taxes and fees shall be deposited in the public treasury. They shall be disposed of in accordance with the provisions of the law. Taxes shall not be exempted except in the cases specified by law. Taxes shall be imposed and disposed of while taking equality and social justice into consideration. Article 114 The law shall set the rules for contracting loans, the special procedures on granting concessions and encouraging foreign investments, and the obligations pertaining to exploitation of natural resources and public utilities. The Rights, Immunities, and Duties of the Representatives Article 115 The financial remuneration granted to the house member, including rewards and allowances shall be in accordance with the law. Amendments made by the house are only applicable to members of the house that replaced the one that made those amendments. Article 116 It is impermissible to infringe on the immunity of house members during their term of representation. It is also impermissible to subject them to any civil or criminal interrogation for expressing their opinions, stating facts, or voting in a particular way in the house sessions, in its committees, or outside parliament in implementation of their representative duties. Article 117 It is impermissible to ask a house member to testify on a matter related to any of his actions or statements or information he obtained as a member during his term or after it, except with his consent and the prior approval of the house. Article 118 It is impermissible to subject a house member to any criminal investigation procedures or to refer him to court unless the house has agreed with the consent of the majority of its members to lift the immunity on the member. Or the member has clearly given up his immunity before the house. In case the member is caught committing an act, which is considered a crime under the Penal Code, the house body shall be immediately notified and the house shall make sure that the measures taken against the member are sound. If the house is not in session the speaker's approval must be obtained and the house shall be informed in the first session it convenes on the criminal measures that have been taken against the member. Article 119 The house member is responsible before his colleagues who could request that he be deprived of his representative capacity if he committed a misdemeanor. If the house approves of the request by a majority vote the matter shall be referred to the Constitutional Court, which would consider the request of dismissing the member. The house bylaws shall define the conditions under which the house member may face dismissal and the necessary procedures for the approval of the majority of the house members to refer the dismissal request to the Constitutional Court. Notwithstanding the questioning stipulated in the laws concerning the legal violations, which have been committed by the house member. Article 120 It is impermissible for the member to relinquish immunity without prior approval of the house. Immunity does not cease at the end of membership for those statements or actions covered during his enjoyment of the membership. Article 121 It is impermissible for the house member to assume during his membership any public or private post, or conduct any commercial or industrial business. It is also impermissible for him to purchase or lease any public property, sell or barter any of his property to the state, or conclude any deal with it in the capacity of a commission agent, importer, or contractor. The law shall preserve the posts and businesses of those who are employed by the state and who win membership in the House of Representatives. The House of Representatives makes the decision on the applications for resignation by its members. The house bylaws determine the conditions under which the House of Representatives can accept the resignation of any of its members. Article 122 Each member of the house, during the first month of his first term of membership, must present a statement of personal finances for him, his spouse, and his minor children on the movable and immovable property they own inside and outside Palestine, and whatever credit debts that are due on them. The statements shall be kept with the Constitutional Court. The National Consultative Council Article 123 A National Consultative Council consisting of 150 members shall be established in accordance with the constitution. It shall enjoy an independent status and its composition shall take into consideration the ratios of population distribution inside and outside Palestine. The law shall regulate the methods of electing and appointing its members according to their places residence. It is permissible for the president of the state to appoint in the National Consultative Council a maximum number of 10 members who do not hold the Palestinian citizenship in appreciation of the great services they have rendered to the Palestine question. Article 124 The National Consultative Council shall exercise the following powers: - Study general strategic issues and make suggestions on them. - Submit proposals on everything pertaining to national rights, Palestinian territorial integrity, and the rights of Palestinians abroad. - Discuss constitutional amendments and express an opinion on those proposed. - Discuss the topics that the president of the state refers to the council concerning the Palestinian state's general policy on Arab and foreign affairs. - Discuss the draft laws that the president of the state refers to the council concerning Palestinians abroad. - Discuss what the council members decide to include in the agenda for discussion. Article 125 The National Consultative Council shall refer its decisions and recommendations to the president of the state, who will order their publication in the Official Gazette, as well as the prime minister and the speaker of the House of Representatives. Section Two: The Executive Authority Article 126 Executive authority shall be assumed by the president of the state and the cabinet, which will consist of the prime minister and ministers. The executive authority shall be concerned with laying down the general policies, plans, and programs, which are approved by the House of Representatives. The government shall be granted confidence on their basis and it shall implement them under the supervision of the president of the state and the control of the House of Representatives. First: The President of the State Article 127 The president of the state is the president of the republic. He shall defend the constitution and the unity of the people. He shall guarantee the continued existence of the state and national independence. He also shall guarantee the good conduct of the public authorities and exercise his powers. His responsibilities shall be defined according to the provisions of the constitution. Other than the powers assigned to the president of the state under the constitution, the government's executive and administrative powers shall be among the prerogatives of the Council of Ministers. Article 128 The candidate for the post of president of the state must hold the Palestinian leadership only. He must not be below the age of 40 on the day of nomination and he must be enjoying his civil and political rights. Article 129 The president of the state shall be elected directly by the people for a five-year term, which may be renewed once. The Electoral Law shall define the conditions that must be fulfilled by the candidate for the presidency. Article 130 The president-elect shall assume his duties immediately upon the conclusion of his predecessor's term. The president shall, before assuming his duties, take the following constitutional oath before the House of Representatives in the presence of the president of the Supreme Judicial Council: "I swear by God Almighty to be faithful to the homeland and its holy places, people, and national heritage, respect the constitution and the law, and take full care of the Palestinian people's interests. God be my witness." Article 131 The president of state shall be the commander in chief of the Palestinian National Security Forces. Article 132 The president of the state shall represent it in foreign affairs directly or through the authorization of a minister concerned with foreign affairs, or whomever he deems competent. He shall approve and direct foreign policy. Article 133 The president of the state shall appoint the ambassadors and representatives of the State of Palestine in foreign countries and regional and international organizations. He shall also terminate their missions with the recommendation of the minister in charge of foreign affairs. He shall accept the credentials of the representatives of foreign countries and international, and regional organizations in the State of Palestine. Article 134 The president of the state shall submit a statement of personal finances for him, his wife (spouse), and his minor children for the movable and immovable property they own or any credits or debts inside and outside Palestine. The statement shall be kept with the Constitutional Court. Article 135 The remuneration of the president of the state shall be determined by law. Article 136 The office of the president shall be considered vacant: A. With death or B. With resignation if accepted by the House of Representatives with the majority of two thirds of its members, or C. With the loss of competency or inability to exercise the constitutional duties under a decision to be issued by the Constitutional Court at the request of two thirds of the members of the House of Representatives. Article 137 If the office of the president of the state becomes vacant or the House of Representatives decides to indict him under Article 143, the speaker of the House of Representatives shall temporarily assume the presidency for a period of not more than 60 days, during which presidential elections shall be held in accordance with the Electoral law. If the speaker of the House of Representatives wishes to run for election or is prevented from assuming the presidency for any legal reason, the head of the Constitutional Court shall assume the presidency temporarily until the election of the president has been completed. The head of the court may not run for election. Article 138 The president of the state shall entrust the cabinet with drafting public policy, which shall be referred to the House of Representatives for discussion and approval. Article 139 The president of the state shall appoint the prime minister from the party with the largest number of seats in the House of Representatives after holding consultations with the leaders of the parliamentary blocs. The President's Relationship with the Public Authorities Article 140 The president of the state may submit draft laws to the House of Representatives and address the house without discussion. Article 141 The president of the state shall endorse laws after their approval by the House of Representatives within 30 days from the date of their referral to him. He shall order their issuance. Article 142 The president of the state may object to a draft law approved by the House of Representatives and request its reconsideration. He shall back his request with the reasons for his objection within 30 days from the date it is returned to him. Otherwise, it will be considered as a promulgated law and effective as of the date of its publication in the Official Gazette, unless the law specifies another date for its enforcement. Article 143 If the president of the state does not order the issuance of the law, or does not return it to the House of Representatives within 30 days from the date of its communication to him, it shall be considered as a promulgated law. If the president of the state returns the draft law, which has been approved by the House of Representative within the legal period, and it is again approved by the house with a two-third majority it shall be considered as promulgated. Article 144 The president of the state shall approve treaties and communicate them to the House of Representatives backed with suitable clarification. It shall have the force of law once ratified by the Council of Ministers and published in the Official Gazette. Treaties and agreements that burden the state treasury with expenditures that are not sanctioned in the budget, or burden citizens with obligations contrary to existing laws, shall not be effective until the House of Representatives agrees to adopt them by law. As to treaties that infringe on the independence of the state or its territorial integrity, they shall not be effective except after holding public referendums on them. Article 145 The president of the state has the right to grant a personal pardon on or commute a penalty. As to general amnesty, it can only be granted by law. Article 146 The president of the state may establish advisory councils from persons with qualifications, specialization, and expertise in order to benefit from their opinions and national capabilities. Article 147 The president of the state shall make appointments at higher civilian and military posts with the recommendation of the Council of Ministers. The President's Legislative Authorities in a State of Emergency Article 148 The president of the state may declare a state of emergency in consultation with the speaker of the House of Representatives if the security of the country is exposed to the danger of war, natural disasters, or siege, threatening the safety of society and the continued functioning of its constitutional institutions. This is if the emergency measures are essential to restore public order and the orderly function of the state authorities and face the disasters and the siege. This shall be for a period of not more than 30 days, which may be renewed with the approval of two thirds of the members of the House of Representatives. The state of war is an exception. In all cases, the declaration of the state of emergency must state the aim, the region, and the timeframe. Article 149 The president of the state may after declaring a state of emergency, and if there is need to take measures in face of certain sudden developments that cannot stand any delay, may issue decrees with the force of law. These decrees shall be referred to the House of Representatives in its first meeting after the declaration of the state of emergency, or in any session to extend the state of emergency, whichever comes first, in order to approve them. Otherwise, they shall lose the force of law retroactively. If the House of Representatives does not approve them, the decrees shall lose their legal effect and the house shall determine the method of dealing with their effects without harming other people's material rights. Article 150 It is impermissible during a state of emergency to impose restrictions on basic rights and duties except in the necessary degree in order to preserve the country general safety. All the decisions and actions, which the president and his cabinet has taken in a state of emergency shall be subject to legal review. The competent court shall begin considering the complaints submitted to it within a period of not more than three days. Article 151 It is impermissible to dissolve or disrupt the House of Representatives during a state of emergency. Article 152 Charging the president of the state with high treason, violation of the constitution, or perpetration of crime shall be on the basis of a proposal made by two thirds of the members of the House of Representatives. The bill of indictment shall only be issued if approved by a two-third majority in the House of Representatives. As soon as the bill of indictment is issued the president shall stop performing his duties. His impeachment shall be before the Constitutional Court. Second: The Council of Ministers Article 153 The Council of Ministers shall consist of the prime minister and a number of ministers to be determined by law. Half of them shall be from the elected members of House of Representatives. Article 154 The Council of Ministers shall assume implementation of the public policies and plans approved by the House of Representatives according to the provisions of the constitution. The Prime Minister Article 155 Power shall be vested in the prime minister in accordance with the joint will of the president of the state and the House of Representatives. The president of the state shall make the nomination and the House of Representatives shall by two thirds of its members approve the formation of the Council of Ministers and its programs. Article 156 The prime minister and minister must hold the Palestinian citizenship only and no other citizenship. He must also be at least 35 years of age and enjoys all his civil and political rights. Article 157 The Prime minister shall form the Council of Ministers and mention in the formation he presents to the president of the state the ministry entrusted to each minister. The prime minister shall present the members of his government and program to the parliament to obtain confidence. Article 158 The prime minister shall present his government's program for debate by the House of Representatives. The prime minister may adjust his government program in light of the house debate and the decisions it may take on it. If the prime minister rejects the amendments requested by the House of Representatives he shall submit his resignation to the president of the state. The president shall then nominate a new prime minister, who will present himself, his ministers, and government program to the House of Representatives to obtain confidence according to the provisions of the constitution. Article 159 If the prime minister fails to obtain the confidence of the House of Representatives he shall apologize to the president for not being able to form the cabinet. The president shall then hold new consultations in order to choose a new prime minister. Article 160 It is impermissible for the prime minister or minister to exercise the duties of his post before obtaining the confidence of the House of Representatives. This shall be in the first session after the formation of the Council of Ministers and hearing its statement, programs, and policy, and discussing and approving them, or the session following the appointment of the new minister. Article 161 The prime minister shall oversee the work of the ministers. Each minister shall be responsible to the Council of Ministers in accordance with the procedures set forth by the rules of the constitution. The prime minister and ministers are responsible individually and collectively for the work of the government before the House of Representatives. Article 162 When carrying out a cabinet reshuffle, or adding a minister, or filling a vacancy for any reason, the new ministers must be presented before the House of Representatives in the first session it holds for a vote of confidence. If the number of ministers covered by the reshuffle is more than one third of the Council of Ministers, the vote of confidence must be on the whole cabinet. It is impermissible for any minister to exercise the duties of his post before obtaining confidence from the House of Representatives. Article 163 Upon obtaining the confidence the prime minister and ministers shall take the following constitutional oath before the president of the state and the House of Representatives in a joint parliamentary session: "I swear to God Almighty God that I shall be faithful the homeland, preserve the rights of the people and the interests of the nation, respect the constitution and the law, and discharge my duties sincerely. God be my witness." Article 164 The Council of Ministers shall meet regularly at the request of the prime minister. The president of the state has the right to call the council to a meeting and preside over the session he attends. Article 165 The Council of Ministers shall assume the following powers: - Designing public policy within the bounds of its competence in light of the government program approved by the House of Representatives. - Implementing approved public policy and laws and regulations, guaranteeing their respect, and proposing new draft laws. - Preparing the draft general budget, which shall be presented to the House of Representatives for approval. - Organizing, supervising, and following up state departments, institutions, and agencies at their various levels. - Observing the performance of the ministries, departments, institutions, and agencies and supervising their work. - Discussing the proposals and plans of each ministry as well as its policy in the execution of its competencies. - Approving the organization of administrative formations. - Issuing the organizational decrees and the necessary regulations for the procedures of executing laws and the regulations for the control and organization of public departments and utilities. - Appointing civilian and military employees below the super grade at the recommendation of the competent minister and on the basis of the law. - Any other powers entrusted to it in accordance with the provisions of the constitution and the laws. Article 166 The law regulating the work of the executive authority shall establish standing committees in the Council of Ministers and choose from their chairmen two deputy prime ministers. Article 167 The Council of Ministers may issue the decrees necessary for the implementation of its powers. Article 168 The prime minister shall implement the laws and coordinate the government policies and programs that are ratified by the House of Representatives. Article 169 The prime minister shall exercise the following powers: - Presiding over the cabinet meetings with the exception of the sessions that are attended by the president of the state. - Representing the cabinet before the president of the state and the other public authorities. - Following up on the implementation of laws and regulations. - Ordering the publication of the laws that are approved by the House of Representatives in accordance with the procedures and dates set forth in the provisions of the constitution and the laws. - Signing executive and organizational decrees. - Following up on the proper administration of state departments. - Coordinating government work. - Proposing draft laws. - Approving appointments in the posts of all the ministries at the lower level of the super grade at the recommendation of the competent minister in accordance with the legal rules that regulate appointment in state ministries and departments. - Any other powers that are entrusted to him by law. Article 170 The prime minister shall submit to the House of Representatives and the president of the state at the beginning of the house yearly session a statement on public policy for discussion and approval, or a report on government accountability in accordance with the provisions of the constitution. Article 171 The prime minister or minister may not combine the ministry with any other job. He also may not run any free profession, engage in any commercial, financial, or industrial business, or purchase or lease any state property. He also may not lease or sell anything to the state from his property or barter with it. It is impermissible for the minister to use information gained by virtue of his work, directly or indirectly, in realizing material benefit for himself or for any other person, in violation of the law. The Ministers Article 172 The minister is the highest administrator of his ministry. Each minister shall, as part of his duties in his ministry assume, under the oversight of the prime minister, the following: - Proposing public policy for his ministry and overseeing its implementation after its approval. - Supervising the conduct of work in the ministry and issuing the necessary guidelines for the performance of his duties. - Submitting to the Council of Ministers proposals for laws pertaining to his ministry. - Implementing the state budget within the appropriations approved for his ministry. - Choosing employees below the level of under secretary and recommending them for appointment to the Council of Ministers. - Delegating some of his administrative powers to the under secretary or any of the employees in the higher administration of his ministry in accordance with the law. - Heading the administrative apparatus in his ministry. - Supervising the implementation of laws and regulations pertaining to his ministry. - Any powers entrusted to him by law. Article 173 Each minister shall endeavor within the bounds of his powers to implement government laws, regulations, plans, and programs in the manner stated in the constitution and the laws regulating the work of the executive authority. Article 174 The prime minister and minister shall receive monthly compensation and pension as established by law. Article 175 The prime minister and minister shall individually within 30 days from being granted confidence submit a statement of personal finances for him, his souse, and his minor children detailing the movable and immovable property they own or any credit or debit thy have inside and outside Palestine. The statement shall be kept with the Constitutional Court. Article 176 The president of the state or two thirds of the members of the House of Representatives may refer the prime minister or ministers for investigation for crimes they may have committed during or due to the performance of their functions. Article 177 A minister shall cease performing his duties as soon as a decision is issued referring him for investigations until the matter is settled. The attorney general or his representative shall be entrusted with the procedures of investigating the charge. The trial shall be held before the legally competent court. The end of his service or resignation shall not prevent legal action from being taken or continued against him. Article 178 The government shall be considered to have resigned: - With the beginning of a new term of the House of Representatives after every parliamentary election. - With the death of the prime minister or his inability to carry out his constitutional duties. - With the resignation of the prime minister or at least one third of the cabinet members. - With the prime minister's loss of his competence or ability to carry out his duties at the request of the majority members of the House of Representatives and the issuance of a decision to this effect by the Constitutional Court. Article 179 The outgoing cabinet shall continue to conduct government affairs until the new cabinet assumes its duties after obtaining the confidence of the House of Representatives in accordance with the provisions of the constitution. The Security Forces Article 180 The National Defense Forces belong to the Palestinian people. They shall undertake the task of protecting the security of the Palestinians and defending the State of Palestine and the president of the state, its commander in chief. It is impermissible to form armed groups outside the National Defense Forces. The law shall regulate general mobilization in defense of the homeland and the rights of the citizens. Article 181 The police is a civil agency and part of the Interior Ministry. The law shall regulate its role in serving the people, protecting society, and maintaining public peace, order, and morals. The police shall carry out its duty within the bounds set by the law and respect for all rights and freedoms stipulated in this constitution. Article 182 The president of the state in consultation with the speaker of the House of Representatives and the head of the Supreme Judicial Council establish the National Security and Defense Council to advise on matters pertaining to the protection of the state and the achievement of its security. General Administration Article 183 Appointment of state employees and workers and the conditions of their employment shall be in accordance with the provisions of the law. The law shall specify the posts that are filled by the president of the state or his representative. It shall also define the joint powers in making appointment decisions, as stipulated in the provisions of the law. Moreover, it shall define the posts to be filled by the Council of Ministers. Article 184 The law shall regulate everything pertaining to civil service affairs, including appointment, transfer, seconding, promotion, and retirement. The Personnel Affairs Bureau in coordination with the competent government departments shall strive to improve the General Administration. The bureau shall be consulted on draft laws and regulations pertaining to the administration and its workers. The General Control Authority Article 185 An independent agency with a corporate status called the General Control Authority shall be established and the law shall regulate its competencies and powers. The head of the General Control Authority shall be appointed through a decision by the president of the state and with the approval of the House of Representatives. Local Administration Article 186 The relationship between the government and the local units shall be regulated by law on the basis of decentralized administration. Local government units shall enjoy a corporate status. Their councils shall be elected. The law shall state the method of their establishment, formation, and election, as well as their competencies and powers. Section Three: The Judicial Authority Article [no number given for this and several subsequent articles] The Judicial Authority shall be independent. It shall have primary competence in the appointment of judicial posts and judgment on all disputes and crimes. It is impermissible to set up special tribunals. Article The affairs of judicial institutions shall be undertaken by the Supreme Judicial Council. The law shall regulate its formation and competencies to insure its equality, independence, and cooperation with the other public authorities. The council's opinion shall be considered in drafting laws that regulate judicial affairs. The council may lay down its own bylaws. Article The president of the Supreme Judicial Council shall be appointed under a decision by the president of the state and shall be ratified by the House of Representatives. The law shall specify the conditions that must be met by the members of the Supreme Judicial Council. Article The Supreme Judicial Council shall approve in accordance with the laws the regulations organizing appointments, competencies, transfers, promotions, and disciplinary measures affecting judges. Article The judge shall take the legal oath before the Supreme Judicial Council in the manner stated in the Judicial Authority Law. Article Upon his appointment, the judge shall present a statement of personal finances for him, his spouse, and his minor children detailing the movable and immovable property and any credits and debts inside and outside Palestine. The statement shall be kept with the Constitutional Court. Article Court sessions shall be public unless the court decides to hold them in camera for reasons pertaining to public order and morals or at the request of the litigants. In all cases, the judgment shall be announced in a public session. Article Judicial rulings shall be issued, announced, and carried out in the name of the people according to the law. Article The law shall regulate litigation to insure justice and expeditious decisions in cases. Article Judges shall be independent. There shall not be any authority over them in the exercise of their judicial duties except the law and their conscience. They cannot be dismissed. The law shall regulate the judges' disciplinary accountability before the Supreme Judicial Council in the cases specified by law, without encroaching on their independence in the fulfillment of their functions. It is impermissible for anyone to interfere in the legal process or disrupt implementation of the final judicial rulings. Interference in the legal process and disruption of the final judicial rulings is a crime punishable by law, in which charges shall have no statue of limitations. Article Appointment, transfer, seconding, promotion, and regulation of the affairs of judges shall be by law. It is impermissible to combine judicial work with any other profession or membership in the representative councils or political parties. It is impermissible for the judge, while assuming his judicial duties, to hold any citizenship but the Palestinian citizenship. Article A Court of Cassation shall be established which shall be concerned with examining criminal and civil cases. The law shall define the method of its formation, powers, and procedures of work. Article A High Court of Justice shall be set up to decide on administrative conflicts and disciplinary charges, as defined by the law establishing the court. The law shall regulate the bases of its work and the conditions for the appointment of its judges and workers as well as the procedures to be followed before the court. It is permissible to set up lower administrative courts by law. Article A military court shall be established by law to decide on military cases. It shall not decide on any cases outside the military sphere. Public Prosecution Article The Public Prosecution Office is an organ of the judicial authority. It follows the Ministry of Justice and is subject to the Judicial Authority Law. Article The attorney general shall be appointed at the head of the Public Prosecution Office at the recommendation of the minister and under a decision by the president of the state to be ratified by the House of Representatives. The law shall define his competencies, assistants and their duties. Article The Public Prosecution Office shall prosecute public cases in the name of the people in accordance with the provisions of the law. Article The judicial police is directly subject to the judicial authority. Article The Ministry of Justice shall undertake the organization of the administration of judicial facilities without infringing on the Supreme Judicial Council's professional supervision of the judicial apparatus including the Public Prosecution Office. Article The legal profession shall be regulated by law. The Supreme Constitutional Court Article A Supreme Constitutional Court shall be established under the constitution to exercise its authority independently in safeguarding the legality of the work of state institutions. It shall be composed of 9 judges to be nominated by the president of the state and approved by the House of Representatives. The court shall lay down the bylaws that will regulate its work. The judges shall be appointed for a 9-year term. It shall not be renewed or extended directly. Article The judges of the Constitutional Court shall elect from among themselves a president for the court for a three-year term. The president and judges of the Constitutional Court shall take the legal oath prior to assuming their duties before the president of the state, the speaker of the House of Representatives, and the president of the Supreme Judicial Council together. Article It is impermissible for a judge in the Constitutional Court to assume any other public post or engage in any commercial, political, or party activity. He must resign from his political party before taking the legal oath. Article The judge's membership in the Constitutional Court terminates under the following cases: - At the end of his term as stipulated in the constitution. - By voluntary resignation. - By a court conviction in a criminal case. A successor shall be appointed within one month of the position becoming vacant. Article The Constitutional Court shall at the request of the president of the state, the speaker of the House of Representatives, the courts, the attorney general, or someone whose constitutional rights have been violated, consider the constitutionality of: - Laws before they are promulgated by request of the president of the state or five members of the House of Representatives when the request is made within 30 days from the referral of the law to the president of the state for ratification and issuance. - Disputes on laws, regulations, bills, measures, and decisions issued by the president of the state or the prime minister that have the force of law, which can be contested before courts. - Problems on the programs and activities of political parties and societies, measures on dissolving parties and suspending their activities, or the extent of their conformity to the constitution. - Signing of treaties and procedures of their implementation, and decisions on the nullification of a law or some of its provisions, if they conflict with the constitution or an international treaty. - Any other competencies based on the constitution. Article The Constitutional Court shall render void an unconstitutional law, regulation, or measure or terminate its validity and effectiveness in accordance with the circumstances and conditions specified in the law organizing its operation. Article 204 The decisions of the Constitutional Court shall be final and may not be appealed in any manner and bind all public authorities and normal and corporate persons. Chapter Four: Final Rules and the Revision and Amendment of the Constitution Article This constitution shall be called "The Constitution of the State of Palestine." It shall be based on the will of the Palestinian people and approved by the will of the majority of the participants in the general public referendum. This constitution shall come into force as of the date of its approval by the people as a result of the referendum. Article The president of the State or one third of the members of the House of Representatives may request the amendment or cancellation of one or more articles of the constitution. In all cases, the principle of amendment calls for the approval of two thirds of the house. If the request is rejected, it is impermissible to again request an amendment or cancellation of the same articles before the lapse of one year since this rejection. The House of Representatives shall discuss the amendments within 60 days from the approval of the principle of amendment. If one third of the house members approve the principle, it will be referred to a public referendum. If the majority of voters in the referendum approve the amendment it will be considered valid as of the date of the announcement of the referendum results. Article Laws shall be issued in the name of the people. Article So long as they do not conflict with the provisions of this constitution, the laws, regulations, decisions, agreements, and treaties that were in force before this constitution shall remain valid until they are amended or cancelled in accordance with the law. Article The legislative authority shall prepare the necessary draft laws for building the legal and administrative bodies that will implement the provisions of this constitution, meet its requirements and establish the institutions stipulated within a maximum period of six months as of the date of the issuance of the constitution. Article The official institutions shall continue to exercise their powers under their constitutional and legal rules until the amendments necessitated by the constitutions have been carried out. Article: The Basic Law issued on 29 May 2002 shall be cancelled as well as everything that conflicts with the provisions of this constitution. [Description of Source: Ramallah Al-Ayyam (Internet Version-WWW) in Arabic -- Independent, pro-Palestinian Authority daily; root URL on filing date: http://www.al-ayyam.com]