Individual Freedom in the Palistinian Law and its Impact on Political Development

Abdul Sattar Kassem's picture
Type: 
Thesis
Year: 
2013
Students: 
Rawia Fahed Mohammed Alsayed
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Individual Freedom in the Palistinian Law and its Impact on Political Development860.4 KB
Abstract: 
This study addressed the issue of the individual’s freedom in the Palestinian law, and its impact on the political development in Palestine. The study aimed to evaluate what sorts of dedication the Palestinian law shows toward the freedom of the Palestinian citizen on the different personal, political, social and intellectual levels, as well as the impact of this dedication on the political development in Palestine. Additionally, the study aimed to investigate the points of strength and weakness in the Palestinian legal environment that is related to the rights and individual and public freedom, as well as highlighting the challenges that face the enforcement of the Palestinian legislations and laws, especially those related to the Palestinian Authority’s actions which are in turn linked to the execution of the commitments mentioned in the Oslo accord which led the Palestinian Authority to violate the Palestinian law. The study presumed that the modified Palestinian basic law of the year 2003 includes a group of rules and modern principles that reinforce and support the individual and public freedom and complies with the international conventions and laws related to human rights. However, the Palestinian Authority’s actions on the ground contradict with these rules and principles. The Authority’s commitment to Oslo accord and the subsequent agreements was one of the major factors that led the Palestinian Authority to violate the Palestinian law. The study relied on the analytical, descriptive approach and the Comparative Approach in order to address the hypotheses and answer the questions of the study. In order to fully address this issue, the study presented an in-depth analysis of the problem of the study through four main chapters. In the first chapter, the study addressed the theoretical aspect which is related to the conceptual dimension and the terms related to the main subject matter. In the second chapter, the study focused on discussing the status of the individual and public freedom in the Palestinian laws and regulations, and to what extent this status suits the international conventions through analyzing the texts of the modified basic law and other laws that were approved by the Palestinian legislative council. The third chapter addressed the impact of the Oslo Convention as a legal reference on the violation of the Palestinian laws and regulations. It also analyzed the practical reflections of the agreements on the ground and clarified their impact on the violation of the Palestinian laws and regulations. In the fourth chapter, the study concentrated on the impact of the individual’s freedom in the Palestinian law on the political development in Palestine. The researcher discussed the importance of freedom with respect to the political development, in addition to the requirements of this kind of development in Palestine. The researcher concluded the study with some results, in addition to several recommendations. Among the main results was the fact that there was a contradiction between the public rights and freedom that guaranteed in the Palestinian law and the practical procedures of the Palestinian Authority on the ground. The researcher recommended the necessity to continue to reinforce the Palestinian legislations, and to modify and develop the existing ones in order to conform to the Palestinian basic law and provide a suitable environment that respects and supports the public and individual rights and freedom of the Palestinian citizens.