The Process of Preparing the Palestinian Constitution and the Way It’s Being Adopted, Why? How? Why Now?

Abstract

Modern constitutional movement reveals an increasing interest and participation of the international community in the constitution-making process of new-born states. The Palestinian experience does not diverge from this overall development, which considers the constitution as the best adapted legal instrument to eternalize the political compromise of the two-state solution, and to consecrate the transformation of the Palestinian national identity towards state-for-all-its-citizens (only). The problem here is that one may end up injecting contradicting priorities and interests in the constitution, to the point it is reduced to a symbolic document with political objectives rather than a comprehensive constitutional project which enables the construction of a state governed by law. This study shall critically follow up and analyze the Palestinian constitution-making process on the light of the classical theory of constituent power, in order to redress the Palestinian constitution-making within the overall development of international law and relations in order to have a more comprehensive vision of the Palestinian constitution, its role and its importance.