Exceptional Authorities for the Executive Power in the Palestinian Legal System

Discussion Committee: 
Dr. Mohamed Sharaqah/supervisor
Dr. Ahmad Dabak/external examiner
Dr. Na'el Taha/internal examiner
Dr. Mohamed Sharaqah/supervisor
Eiad Jalal Wasfy Takrory
The importance of this study emerges from the attempt to demonstrate the given authorities for the executive power of both the cabinet and the PNA chief . Also, the study aims to clarify the executive authority respect of the Palestinian adjusted basic law ( 2003) which is implemented in Palestine as the general reference for legislation, execution and judgment. The statement of problem is the clarifying of legal framework of the adjusted law of(2003) in which the executive authority practices it's given authorities during the exceptional circumstances and the clarifying the effects of these authorities on the basic guarantees of the human rights because these authorities can't be practiced except in the necessity and emergency cases . Moreover, the statement of problem demonstrates if there are restrictions about limiting the executive power authorities in these exceptional circumstances such as monitoring them by the legal and legislative inspection . For achieving the study object , descriptive and analytical method has been used. The study consists of two chapters, the first one discussed the duties of the executive authority during the exceptional circumstances . The given authorities have been detailed such as explaining the necessity conditions , the estimation of them by the PNA chief,decision- making conditions by rules during the necessity circumstances and the legal value of these decisions . Also, chapter one included the given authorities for the executive power in the emergency cases conditions , rules and human rights guarantees. On the other hand, chapter two discussed monitoring the executive power duties during the exceptional circumstances with its two sides legislative and legal monitoring . The study results showed that the adjusted Palestinian basic law of ( 2003) has given the executive poer some authorities during the exceptional circumstances such as ( According to Act (43) and (110) of the adjusted basic law of 2003) establishing legal legislatives in the necessity and certain procedures can't be taken in the emergency cases in order to prevent the state in case of hazards . Finally, several suggestions have been recommended such as the importance of finishing the splitting- out between the two sides of home which affects the Palestinian legal situation widely , announcing the meeting of the Legislation Council which has the important role for the legislative reform of the legal system and calling for presidential and legislative elections as soon as possible .
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