2022-06-29

west bank

West Bank / position paper

The Palestinian Authority invents euphemisms in order to reproduce legislation in the absence of the legislative authority

 “Withdrawal,” “freezing,” “suspension,” “cessation of enforcement,” are innovative terms the official level uses in dealing with the legislations it issues uniquely and dominantly in the dark, if it met societal opposition after its leak or publication. All of these terms are ignored by legislation and are devoid of legislative procedures regulated by the Basic Law, which use terms known and circulated throughout the world such as “approval”, “issue”, “publish”, or “amendment” - which includes deletion, addition or modification, or "abolishment” - which is done by the competent legislator or as a result of a decision issued by a competent court to invalidate a legislation or a legislative text for unconstitutionality.

Constitutional jurisprudence does not know the terms used by our official level, which it innovated in order to express its insistence on enforcing what it acknowledges and issues unilaterally, in the form of its issuance or after making minor amendments to it that do not affect or nullify its purpose. Therefore, you see the legislator using the term “freezing” in the sense of keeping the legislation in place while postponing the date of its enforcement, or using the term “suspension” for the same purpose and meaning, i.e. postponing the enforcement for a short time or a temporary suspension of enforcement in order to be enforced again.

The use of these terms carries with it the threat and brandishing of enforcement, as: “Whether you accept it or reject it, all you have to do is accept it and we give you opportunities here or there for an improvement that you suggest as a recommendation and we decide whether to take it or leave it. That is, you should accept it and remain silent and suggest recommendations under the umbrella of keeping the legislation and enforcing it.

Therefore, these terms close the door to the demand for the abolition of the legislation even if it was issued by a non-competent entity or person, or enjoying a legitimate legal status, and even if it was approved and issued in the dark and without discussion, participation, or expressing a broad societal opinion, or even the opinion was limited to the addressees by its provisions, even if it contradicts and affects constitutional rights and principles. Therefore, the terms increase and vary, and their goal remains the same, which is imposition and domestication for a short period of time that does not exceed the ceiling and does not affect or hinder the official goal, which does not accept cancellation nor does it use it, because its will does not accept reviewing its decisions in a way that cancels them or contradicts its goal. Therefore, the most that it takes is the formation of official committees affiliated to it to study its legislation during the period of suspension, freezing or cessation of enforcement, and to submit its recommendations to it to euphemize them or reduce their severity in a place here or there, to be re-enforced with approval and applause that passes and promotes it as an achievement.

Issued on 29.06.2022

MUSAWA