The Position of Palestinian Political system in Comparison to the World Parliamentary systems

Discussion Committee: 
Dr. Gazee dwekat/supervisor
Dr. Mohamad sharaqa/co-supervisour
Dr. Abdel-Malek Al-Remawee/external examiner
Dr. Basel Mansour/internal examiner
Dr. Ghazee Dwekat
Dr. Mohamad sharaqa
Mohamad Issam Essa
Through this study the researcher highlighted the Palestinian political system among other parliamentary systems in the world that because of it's importance to the Palestinian basic law which loaded with ambiguity and troubles .As a researchers we have to make it clear an fined a recommendations which lead us to a new Palestinian political system to satisfy all the Palestinian needs to be free, live with dignity ,freedom and respect the political pluralism . The researcher used the descriptive analytical course to answer the problem of the study,the books, the political systems ,the important sources ,the points of view of researchers and scholars where he divided this study into two main chapters; at the first one he talked about the political systems and their relationship to the Palestinian basic law in order to fined a solution for this study which represented in positioning the Palestinian political system among the parliamentary systems. The basic law did not decide in which the parliamentary systems it will be. The researcher worked hard to answer the problem of the study ;he has divided the first chapter into three mainly sections :at the first one he talked about the parliamentary system based on that this section has been divided into four basic demands .At the first one it has been talked about an overview of the establishment and the development of the parliamentary system where England considered the birthplace of this system it has been established and improved there till it origins stabled and genuine .At the second demand he talked about the bases that the parliamentary system based on to be compare with the characteristics which mentioned in the basic law ,where the parliamentary system based on two main basics which are the bilateral executive system and the shared balance cooperation supervision between the legislative and excusive authority . The bilateral executive system in the parliamentary system based on the president of the state where The jurisprudents opinions are multiplied about it ; there are who admitted the positivity of the president role . in contrast there who see the negativity of his role .Secondly, the ministry considered the heart of this system and the responsible before the Perlman .Finally, it has mentioned at the fourth demand the applicability of the parliamentary system's characteristics with the Palestinian political system.The researcher found through this study that the Palestinian political system is generally based on the same principles and characteristics of the parliamentary system with contrast in some of these principles .For example, the Palestinian president prevention from dissolution of the assembly, the Palestinian basic law subjected the prime minister to the responsibility before the president about his and his government deeds which are the characteristics of the presidential system. At the second section the researcher talked about the presidential system according to the basic law he explain it's characteristics and foundations in order to be compared with the Palestinian political system .To achieve this goal this section has been divided into three main demands: at the first one the researcher started by overview about the foundation of the political system where the United States was basic for such system because of special political and economical circumstance in the countries .Then the researcher talked about the elements that the presidential system is base on and compared it with the characteristics which set in the Palestinian basic law. The presidential law is characterized by unity of executive authority and completely separation between authorities, despite the presidential system based on completely separation principle among authorities ,the America constitution made some exeptions on theabsolute separation principle .the most important one is the necessities of life for the legislative and excutive authorities . Finally, at the theird demand the researcher explained how the the characteristics of the presidential system implicated on the Palestinian political system.The researcher discovered through this study that the Palestinian basic law for 2002 did not work by the presidential system despite the law did not talked about the prime minister position among many of parliamentary system characteristics before modifications .after the first modification on the basic law for 2003 the Palestinian political system became the closer to the parliamentary system with some exceptions as it was mentioned above. At the end of the first chapter it was talked about assembly government system which made the terms of legislative and executive authorities with representative association or elected assembly. At the second demand it has mentioned the applications of the association government system where the Swiss system is consider the only applied example recently .By talking about the possibility of apply the association government system on the Palestinian political system it's impossible at all; that’s by considering the characteristics that this system basing on which going along with the same one in the basic law. At the second chapter of this study it discussed and clarified the features and the challenges of the Palestinian political system . this chapter had been divided into tow main demands. At the first one it was mentioned the historical development of the Palestinian political system during the Britain occupation on Palestine wherein 1922 the occupation authority issued Palestinian constitution which showed that the covernment system in Palestine based on absolute role and the constitution written and flexible can be modified in simple ways . Then It was talked about the Palestinian political system under the Israeli occupation ,where the West bank after it was joined to Jordan subjected to Jordanian government. the most important of this period in 1955 of the Palestinian political system is the disappear of the name Palestine from the Jordanian constitution .For Gaza strip which subjected to Egyptian administration in 1962 where the improvement formed and recognition the Arabic writes and constants in Palestine and included in it the name o of Palestine . At the second section of this study the researcher talked about the development of the Palestinian political system at the time of Palestinian national authority .the Palestinian political experience summarized in two levels :the declaration of the principles in 1993, the arrival of the Palestinian national authority and the issuance of the basic law for 2002 after it was approved by the president of the national authority and the problems that faced during it's application .The researcher highlighted the most important modifications which made on the basic law ,represented in the first modification in 2003 where the prime minster position has been updated for the first time in the Palestinian political system which based after this modification on bilateral executive system.The second modification based on the provision of the basic law for 2005.The modification aimed to remove the ambiguity and achieve the legislative harmony .According the last modification it was determined the term of president role by four yeas after it was at the old basic law within transitional phase. At the end, he ended up with general results and recommendations about the most aspects of the study.
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