Is Abbas tightening his grip on power with new constitutional court?
The establishment of the Palestinian High Constitutional Court by presidential decree has led to widespread criticism concerning its legality, especially since the move came at a time of intense division between the West Bank and Gaza Strip.
GAZA CITY, Gaza Strip — On April 3, Palestinian President Mahmoud Abbas issued a presidential decree establishing the first Palestinian High Constitutional Court, to follow up on the rules and regulations as well as the constitutionality of laws and define the powers of the three authorities.
The new court's president is Judge Mohammad Abdul-Ghani Ahmad al-Haj Kassem, and the vice president is Judge Asaad Boutros. The other members of the court are Judges Abdul-Rahman Abu Nasr, Fathi Abdul-Nabi al-Wahidi, Fathi Hammouda Abu Srour, Hatem Abbas Salahuddin, Rafiq Isa Abu Ayyash, Adnan Mutlaq Abu Layla and Fawwaz Taysir Sayme.
Abbas’ legal adviser Hasan al-Ouri told Al-Monitor from Ramallah, “The consultations preceding the establishment of this court started in 2006, but the Palestinian division in 2007 between the West Bank and the Gaza Strip after Hamas took over Gaza delayed the process. Today, President Abbas had to rise to the challenge for two main reasons: first, the difficulty of examining the appeals and constitutional issues that require decisions and legislations — brought before the High Court — which acted as a temporary constitutional court according to Article 104 of the Palestinian Basic Law, which stipulates that the temporary High Court shall handle all cases brought before the administrative courts and the Supreme Constitutional Court until they are formed; and second, the implementation of Article 103 of the Palestinian Basic Law.”
Ouri explained that Article 103 specifies that a High Constitutional Court shall be established to examine the constitutionality of laws, regulations and other enacted rules, and to settle jurisdictional disputes that might arise between judicial entities and administrative entities having judicial jurisdiction.
