NATURE OF THE GOVERNING SYSTEM UNDER THE PALESTINE BASIC LAW OF 2003

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Ahmed M A Hamad, Haslinda binti Mohd. Anuar, Rohizan binti Halim

Abstract

The different governing systems are classified based on the distribution and separation of the three powers the Legislative; Executive; and Judicial and the nature of the relationship between them. The problem of the research lies in determining the features and location of the governing system in Palestine in comparison with the representative systems in the world, and the challenges and dilemmas facing it. Therefore, the research problem can be formulated in what is the nature of the governing system in Palestine? The research aims to determine the governing system in Palestine, which is one of the most complex topics, especially since the Palestinian state is in a stage of development and building of its institutions, and the research focuses on explaining the governing system in Palestine compared to the representative systems in the world. To achieve the objectives of the research socio-legal research using the qualitative approach was engaged. The research concluded that the governing system in Palestine is closer to a mixed system. However, it lacks an important feature of the mixed system, which is the balance between the Legislative Council and the Executive authority. Accordingly, some provisions of the Palestinian Basic Law of 2003 need to be amended and reformulated so that the governing system in Palestine becomes a pure mixed system.

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