Core Program |Objective Four  :

The Unbalanced Separation between the Legislative, Judicial, and Executive Powers

and the Weakness in Monitoring One Another

 The reports are :

• Separation between the Branches of Government in the Palestinian Political System (Palestinian Cabinet and the President’s Office): The report speaks of the absence of a clear and balanced separation between the branches of government. It shows no clear separation in the powers mandated to the President and the Prime Minister.

• Palestinian Judiciary System and the Separation of the Branches of Authority: This report focuses on the mandates assigned to the Palestinian judicial system in relation with other branches of authority. The study recommends strengthening the judiciary system by demanding the executive body to stop its members from interfering with judiciary matters, establishing a specialized judiciary employment committee by the Supreme Judiciary Council, activating the role of the judiciary supervision and investigative unit, speeding up setting the bylaws for the judiciary law, and amending the Palestinian judiciary law in a way that ensures setting up standards that control the role of the president in appointing judiciary personnel.

• Legislative Authority and the Need for a Balanced and Clear Separation between Branches of the Government in the Palestinian Political System: This report presents a diagnosis of the PLC and stressed the importance of drafting laws and legislations for regulating the work of the three authority branches; legislative, executive, and judiciary. Such laws would help promote systems of transparency and accountability at these branches through defining roles and responsibilities for each branch. 

Funded by the Netherlands and Norwegian Governments

To diagnose the Palestinian situation in regard to the principle of having a balanced separation and mutual monitoring in the work of the three powers, and to promote and support the principle of a balanced separation between powers among policy and legislation makers in the Palestinian National Authority, AMAN conducted a number of analytical reports on the subject. The reports, aimed at diagnosing the current situation based on the legal framework organizing the functions of the three powers and the practices of senior and junior officials at these institutions.  It also aimed at analyzing the institutional structure and identifying its harmony with legal frameworks in this regard.  Furthermore, it examined the organizational structure as it relates to the legal framework in this field for the purpose of suggesting practical recommendations that will reduce jurisdiction-intergradations and to activate mutual monitoring, whether legally or through the institutional structure, insuring that  the mechanisms used will guarantee each power’s commitment to its jurisdiction. The reports are: