Legislation Subject to Constitutional Review in Palestine
Commentary on the provisions, amendments, and proposals within the 2026 draft constitution, (Analytical Perspective)
DOI:
https://doi.org/10.68825/0av4xt97Keywords:
Constitutional review, constitutional law, legislation, laws, regulationsAbstract
This article aims to characterize and analyze the legislation subject to constitutional review in Palestine, in accordance with the Amended Palestinian Basic Law of 2003, the Palestinian Supreme Constitutional Court Law No. (3) of 2006, and its subsequent amendments—namely, Decree-Law No. (19) of 2017, Decree-Law No. (32) of 2022, and Decree-Law No. (12) of 2024. It also examines the provisions recently included in the draft Palestinian Constitution proposed for 2026.
The article addresses a clear conflict between the legal provisions defining the scope of legislation subject to constitutional review under the 2003 Palestinian Basic Law and the corresponding provisions in the Supreme Constitutional Court Law No. (3) of 2006. The latter faced criticism from legal scholars and academics in Palestine, which led to corrective amendments in 2017, 2022, and 2024. Furthermore, the recent provisions in the 2026 draft Palestinian Constitution require study and analysis in light of this sequence of amendments. The research seeks to discern the legislator’s intent and orientation as reflected in the draft constitution, while offering observations and recommendations regarding its content.
Methodology
The article employs a descriptive and analytical approach, comparing the legal provisions in question—both before and after the amendments—and evaluating them against the text of the proposed draft Palestinian Constitution.
Article Plan
This article is divided into three sections, as follows:
1. Legislation subject to constitutional review under the 2003 Palestinian Basic Law.
2. Legislation subject to constitutional review under the 2006 Law on the Supreme Constitutional Court.
3. Legislation subject to constitutional review under the 2026 draft Palestinian Constitution.
References
1. The Amended Palestinian Basic Law of 2003.
2. The draft of the proposed of Palestinian Constitution for 2026.
3. The Law on the Supreme Constitutional Court of 2006, and its amended in 2017, 2022, and 2024.
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