Palestinian lawyers challenge legitimacy of the Abbas emergency government

Lawyers challenge legitimacy of emergency government. 

Monday July 09, 2007 15:18 by John Smith - IMEMC

A group of lawyers, many of whom assisted in the drafting of the Palestinian constitution, have accused Palestinian President Mahmoud Abbas of acting beyond his legal remit in forming the current emergency government.

Lawyers including Anis al-Qasem and Eugene Cotran, both of whom helped to draft the constitution more than ten years ago, have stated that while the Basic Law gave Abbas the power to dismiss former Prime Minister Ismail Haniyeh, it did not empower him to appoint a new cabinet in the absence of parliamentary approval.

While the President’s office had no comment to make, Jamal Nazzal, a Fatah spokesperson, argued that the Basic Law did not stipulate how often the President could declare a state of emergency, implying that the term of the current government could be extended for as long as Abbas deems necessary.

In response, al-Qasem cautioned against such reasoning, arguing that it could easily lead to a dictatorial system of government. "They are obviously looking for the slimmest argument to build a mountain on and dry the ocean. They are destroying the foundation on which the Basic Law is laid," the lawyer told the news agency Reuters.

Under the terms of the Palestinian constitution, the current emergency government must, after 30 days, secure the approval of two-thirds of the Palestinian Parliament if it is to continue to rule with legitimacy and authority. With the end of this period fast approaching, it remains to be seen what measures, if any, Abbas will implement in the hope of securing the backing the Palestinian legislative assembly.

---

Fair Use Notice

This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.