Drafting Committee of the Constitution... Symbolism, Invalidity, and Abstention

(1) Symbolism ... and Invalidity

The term of the interim drafting committee for the constitution ends on November 15, according to the provisions of Article 9 of Decree No. 4 of 2025, which stipulates that "the committee is obliged to present the final draft of the constitution to the president within a maximum period of three months from the date of this decree coming into force," issued on August 16, 2025.

In my opinion, President Mahmoud Abbas intended to allow three months for the constitutional drafting committee to complete its work in celebration of the anniversary of the declaration of the independence document, serving as a symbolic indication of the continued aspiration for independence. This orientation is adopted by the founding fathers in the harmony of dates and their symbolic meanings, leaving nothing to chance or uncalculated coincidence.

The end of the committee’s term, in addition to the loss of their status as members of the drafting committee, turning them into members of an expired committee, implies two things; first: the elimination of the symbolic significance that President Mahmoud Abbas intended by receiving the final draft of the constitution on the predetermined date, which coincides with the 37th anniversary of the declaration of the independence document. According to Dr. Ahmad Majdalani’s statements to Al-Quds newspaper, the committee will submit the constitution draft on November 24, which falls outside the date stipulated in the presidential decree; the issue here is not about dates or protocol rules as much as it concerns adherence to a legislative text that is required to be enforced and mandatory.

Secondly: The works of the committee become invalid after November 15, which means that introducing any article or amendment, or rephrasing the provisions or rules in the draft text falls outside the time limits and the legal duration of the committee members’ term and is deemed invalid and a violation of the provisions of Article 9 of the presidential decree; which governs the work of the committee, its tasks, competencies, and the time limits of its term.

(2) Abstention is a Crime

Discussions indicate that the interim drafting committee for the constitution has adopted a mixed political system contrary to the provisions of Article 2 of the presidential decree establishing the drafting committee and its reference, which stipulates, "A national committee is formed, called the 'Interim Drafting Committee for the Constitution,' to transition from authority to state, preparing a draft of an interim constitution, consistent with the independence declaration document and principles of international law,... establishing the constitutional foundations of a democratic governance system based on the rule of law, separation of powers, and respect for and protection of rights and freedoms, working towards peaceful transfer of power, and carrying out its tasks and competencies according to the provisions of this decree."

Compatibility with the independence declaration document, adopted by the Palestinian National Council on November 15, 1988, necessitates adopting the principle of separation of powers that creates a parliamentary system; therefore, the "drafting committee of the constitution" contradicts the social contract that Palestinian society adopted and accepted in the independence declaration document, which the constitutional court considered supra-constitutional in its decision issued on 12/3/2018 in the restricted request No. 5/2017 in the schedule of the Supreme Constitutional Court No. 2 of the 3rd Judicial Year "Interpretation" stating, "The independence declaration document is an integral part of the constitutional system in Palestine, and indeed its highest status, followed by the basic law...". According to Article 41 of the Constitutional Court Law, "The court’s rulings in constitutional cases and its decisions regarding interpretations are binding for all state authorities and everyone."

The approach of the drafting committee of the constitution does not constitute a violation of the provisions of the presidential decree nor a contradiction to the independence document but amounts to a refusal to implement the decision of the constitutional court; which is a described crime under Article 106 of the amended Basic Law of 2003: "Judicial rulings are enforceable, and any refusal to implement them or obstruct their implementation in any manner is a crime punishable by imprisonment, and dismissal from office if the accused is a public employee or tasked with public service,...".