ICSPR: The constitutional decrees issued by the President are illegal and constitute a serious violation of the principle of constitutional legitimacy

Monday, October 27, 2025

Press Release

ICSPR: The constitutional decrees issued by the President are illegal and constitute a serious violation of the principle of constitutional legitimacy

The International Commission to Support Palestinian Rights (ICSPR) expresses its deep concern over the issuance of a so-called “constitutional declaration” stipulating the appointment of Mr. Hussein Al-Sheikh as President of the Palestinian Authority in the event of a vacancy in the presidency. Such a move constitutes a blatant violation of the provisions of the Amended Palestinian Basic Law, particularly Article (37), which clearly states that the Speaker of the Palestinian Legislative Council shall assume presidential duties temporarily for no more than sixty (60) days, during which general presidential elections must be held.

ICSPR affirms that the Palestinian Basic Law serves as the de facto constitution and the supreme legal reference for the Palestinian Authority. Any attempt to bypass or suspend its provisions through a presidential declaration or administrative decree represents a grave breach of the rule of law and the principle of separation of powers, and constitutes an executive encroachment on the prerogatives of the legislative authority — which has already been paralyzed by the ongoing political division since 2007.

The Commission stresses that issuing a constitutional declaration to appoint or transfer the presidency has no legal or constitutional basis, as the President does not have the authority to amend the Basic Law or create a new succession mechanism through unilateral action. Moreover, the concept of a constitutional declaration applies only in countries that lack an active constitution and within the context of national consensus or a constituent assembly tasked with drafting one — conditions that do not apply to the Palestinian context, where the Basic Law remains valid and in force.

ICSPR warns that any violation of constitutional provisions would deepen the crisis of legitimacy, threaten the unity of the Palestinian political system, open the door to constitutional chaos and institutional division, and undermine prospects for the national consensus required to manage the next phase — particularly amid the national challenges and post-genocide imperatives in Gaza, as well as the ongoing Israeli aggression in the West Bank and Jerusalem.

The Commission points out that the only legitimate and national course of action in the event of a presidential vacancy is strict adherence to Article (37) of the Basic Law, or a national consensus on a collective transitional framework that restores constitutional legitimacy on a democratic and participatory basis, rather than through the imposition of unilateral decisions. This, ICSPR emphasizes, requires a transition from the institutions of the Authority to those of the State, the completion of the prerequisites for this transition — including the democratic adoption of the Palestinian State Constitution — and the reconstruction of the Palestine Liberation Organization (PLO) on the principles of unity, partnership, and democracy, paving the way for comprehensive general elections.

The International Commission “ICSPR” warns of the dangers of entrenching the policy of “de facto legitimacy” at the expense of constitutional legitimacy, as it would have devastating implications for the rule of law and the future of the Palestinian political system.

ICSPR renews its call for strict adherence to the Palestinian Basic Law, and for the launch of an inclusive national dialogue to rebuild the institutions of the Palestinian political system on the principles of partnership and rule of law, as the only path to restore public trust and strengthen the Palestinian cause.

ICSPR further calls upon the President and all Palestinian factions and forces to uphold constitutional legitimacy and promote national consensus to manage the transitional phase, in a way that rebuilds Palestinian legitimacy through comprehensive elections and strengthens international confidence in the Palestinians’ seriousness to establish a unified, democratic political system that respects law and constitution.

End.