Monday, February 6, 2012

The Doha Declaration: Unconstitutional


The notion of Mahmoud Abbas assuming simultaneously two positions – President and Prime Minister – contradicts the text and spirit of Article 45 of the Palestinian Basic Law; he cannot delegate himself to head or to form a government.

Furthermore, Article 63 states clearly that the Council of Ministers (government) is the "highest executive and administrative instrument", thus drawing a line between the Presidency and the government. 

On the other hand, this cannot be justified on the basis of the state of emergency, as it ended and was not renewed by the Palestinian Legislative Council.

The Doha Declaration is therefore unconstitutional, and it only means a return to the "statu quo ante" 18 March 2003.

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