The Palestinian Constitutional Court: An Assessment of Its Independence under the Emergency Regime

This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

Osayd Awawda is an Assistant Professor of Constitutional Law at Hebron University, Palestine. He holds an LLB from Birzeit University and an LLM, and a PhD from Melbourne Law School, Australia. He is an editor of three law journals and has published several papers in various fields, including domestic application of human rights treaties, labor law, tax law, law of occupation, and authoritarianism.

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ISBN: 1-5275-8016-4

ISBN13: 978-1-5275-8016-9

Release Date: 8th February 2022

Pages: 340

Price: £64.99