Palestinian National Authority

“ All Palestinian authorities and organs as well as all individuals and persons in Palestine shall be subject to the law and shall be accountable for its violation. The independence of the judiciary, its immunity, respect for and execution of its decisions are basic guarantees for the protection of rights and freedoms and the establishment of the rule of law. ”

“ Security forces and the police are a regular force created for the service of the people, protection of society and to maintain security and public order. It shall perform its duties within the limits provided by law with full respect of rights and freedoms without prejudice or discrimination. All persons must cooperate with and assist the police in the performance of their duties. ”

“ Except in cases of flagrante delicto, no person may be arrested, searched, detained or have his liberty restricted in any manner or prevented from free movement, except by order given by a competent court or the prosecution service in accordance with the law and only where such is required for the needs of the investigations and security of society. ”

“ Every person shall have the right to participate in public life and to nominate himself to public office in accordance with the law.
ARTICLE 13
Every person has the right to liberty and security of person. No person shall be subjected to arbitrary arrest or detention. No person shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. ”

“ Punishment is personal, and no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. ”

“ Before assuming office, the President shall take the following oath in the presence of the Bureau of the Presidency of the Palestine National Council:
_I swear by Almighty God to be faithful to the Nation of Palestine and to its national heritage and to preserve this Basic Law and the law, serve the Palestinian People and faithfully carry out the duties entrusted to me according to law._
ARTICLE 70
The term of the Presidency shall be five (5) years and no person may be President for more than two consecutive terms. ”

“ A High Judiciary Council shall be established by law with the Chief Justice as Chairman. The law shall establish the composition and powers of this Council as well as its rules of procedure. The opinion of the Council shall be taken in respect of draft legislation pertaining to the organization of the judicial authority, including the public prosecution. ”

“ Each administrative unit shall be entitled to exercise the powers, carry out the duties and issue resolutions, instructions and regulations for that purpose within the mandate prescribed to it by law.
ARTICLE 99
Appointment to public offices and specialized bodies and institutions shall be on the basis of competence, experience and ability to perform in accordance with the nature of the public office and functions and aims of the body or institution. ”

“ No Palestinian may be deported, deprived of his nationality, prevented or prohibited from returning to or leaving Palestine or surrendered to any foreign authority except in accordance with extradition agreements. ”

“ The freedom of formation of political parties is guaranteed provided that their aims and activities do not conflict with the basic principles prescribed in this Basic Law and that they conduct their activities in a peaceful manner. ”

“ Everyone charged with a criminal offence shall be presumed innocent until proved guilty in a lawful trial in which he has been afforded guarantees to defend himself. Every person charged with a serious criminal offence shall have a lawyer to defend him. ”

“ There shall be a Chief Justice, in that capacity, shall be the Head of the Judicial Authority and President of the Supreme Court. The Chief Justice shall be a judge of the Supreme Court appointed by Presidential Decree with the approval of the High Judiciary council except that the first Chief Justice appointed in pursuance of this Article shall not require such approval. ”

“ The executive authority shall avail the widest opportunity for the participation of citizens, political parties, trade unions and other organizations in the discussion of policies before their determination, through announcing such policies and consultation with the said bodies.
ARTICLE 92
The Cabinet, its Prime Minister and Ministers shall exercise the powers and duties provided for their predecessors in legislation in force on the coming into force of this Basic Law, until such laws are amended or replaced, as the case may be. ”

“ The Prime Minister and Cabinet Ministers are jointly responsible to the President and to the Council for the general policy of the country as is within the competence of the Cabinet and each Minister is responsible to the for them actions of his Ministry. ”

“ Members of the Council shall enjoy legal immunity during the life of the Council and save for arrestable crimes discoverd during their commission, no criminal proceedings may be instituted against a Member except with the permission of the Council, and when the Council is not in session, the Speaker's permission, who shall inform the Council at its next session the action he took. ”

“ If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the applicable law and penal procedure ”

“ Every person who has been arrested or detained shall be informed promptly on his arrest of the cause thereof, and shall, without delay, be informed in detail and in a language which he understands of the nature and cause of the charge against him. ”

“ Every person has the right to education which shall be free and compulsory until the secondary stage in public institutions. The Palestinian authorities shall endeavor to provide education at all stages ”

“ Minorities, religious or otherwise, and others who meet the conditions prescribed by law shall have the right to establish private schools and educational institutions, provided they observe the general conditions laid down in the law ”

“ The Council shall have two ordinary sessions every year, each to last for no longer than 3 months, commencing on 1st October and 1st April, but on the following day if the 1st falls on a national holiday.
(2) The Council may prolong its session if its business is not concluded, and in any event a session may not end before approval of the budget. ”

“ No administrative unit or any official thereof may take decisions or issue instructions or regulation in contravention of laws in force, and no effect shall be given to decisions, instructions or regulations made in contravention of the said laws. ”

“ If the office of the President becomes vacant or if the President bpermanently incapacitated, the Speaker of the Council shall assume his powers and duties in a caretaker capacity until a new President takes office, which shall be no more than 60 days from the date of occurrence of the vacancy or the proof of permanent incapacity. ”

“ Specialized public bodies and institutions may be established by the President to assist the governmentl in formulating policies within the general fields of activity. Such bodies and institutions may be autonomous bodies enjoying juridical personality exercising activities entrusted to them under their terms of reference ”