ICSPR The Latest Constitutional Declaration Entrenches One-Man Rule and Undermines the Legal Foundations of the Palestinian Political System
Date: 11 November 2025
Press Release
ICSPR: The Latest Constitutional Declaration Entrenches One-Man Rule and Undermines the Legal Foundations of the Palestinian Political System
The International Commission to Support Palestinian Rights (ICSPR) expressed its deep concern over the recent constitutional declaration issued by President Mahmoud Abbas regarding the mechanisms for filling the vacancy of the President of the Palestinian Authority. ICSPR considered this step a serious violation of the Palestinian Basic Law and an entrenchment of unilateral rule, rather than an institutional solution to the ongoing constitutional crisis.
This came in a new legal position paper prepared by Dr. Abdul Rahman Madi, a researcher specialized in constitutional law, who examined the constitutional and political implications of the new declaration and warned of its repercussions on the future of the Palestinian political system and the unity of its institutions.
The paper explained that the declaration directly contradicts Article (37) of the Amended Basic Law of 2003, which stipulates that the Speaker of the Palestinian Legislative Council shall temporarily assume the presidency in the event of a vacancy. In contrast, the new declaration assigns this role to the Deputy Chairman of the Executive Committee of the Palestine Liberation Organization (PLO)—a clear departure from the established constitutional framework.
The paper further affirmed that this declaration constitutes a violation of the principle of constitutional supremacy and hierarchy of laws, emphasizing that the provisions of the Basic Law cannot be amended or bypassed through unilateral presidential decrees or constitutional declarations. It described the move as an unconstitutional amendment in substance that undermines the principle of separation of powers.
The researcher pointed out that the current constitutional crisis in Palestine stems from the absence of the Legislative Council since 2007, which created an institutional vacuum exploited to justify the issuance of hundreds of decrees by law (exceeding 500 since 2006). This has led to a dangerous legislative accumulation and a structural imbalance in the separation of powers.
ICSPR warned that the continued issuance of such unilateral constitutional declarations will deepen the political division and erode the legitimacy of the Palestinian constitutional system, calling for the immediate annulment of any declaration that violates the provisions of the Basic Law and for a return to the national reference framework represented by the Palestine Liberation Organization, as the founding and supreme political authority of the Palestinian people.
The Commission stressed that the real solution to the current crisis lies in the formation of a broad national constituent committee tasked with drafting a permanent constitution for the State of Palestine, to be submitted to a popular referendum. Such a process would ensure respect for the rule of law, genuine separation of powers, and safeguard the political system from collapse—paving the way for the establishment of a democratic and strong Palestinian state capable of protecting its people’s rights and confronting national and political challenges ahead.
