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The Institute of Law Releases Three New Books on Public Rights and Freedoms and Political Rights in Palestine

In the context of its ongoing, diligent efforts to further develop and enhance the Palestinian legal framework and raise legal awareness of the Palestinian society from across the spectrum,

the Institute of Law (IoL) recently published three new books in the Law and Politics Series. With support from the Konrad Adenauer Stiftung (KAS), Palestinian Territories, the IoL’s Legislative Support Department (LSD) authored and released new publications, including The Legislative Status in Palestine 2007-2012: Mechanisms, Consequences and Solutions; The Reality of Public Rights and Freedoms in Palestine between Regulation, Restriction and Oversight; and Political Rights in Palestine: Between the Anvil of Internal Political Divide and Prospects of National Reconciliation.

Entitled Political Rights in Palestine: Between the Anvil of Internal Political Divide and Prospects of National Reconciliation, the third and latest IoL publication in the Law and Politics Series describes the historical, political, and social development of political rights. Examining the relevant legal framework in light of international and regional conventions, mechanisms to integrate political rights within the domestic legal system are explored. The book investigates how effective and efficient the Palestinian legal framework is to govern political and how aligned it is with relevant international conventions. It also sheds lights on the current status of political rights in Arab countries with revolutionary movements. By diagnosing current practices, the status of political rights in the West Bank and Gaza Strip is reviewed. After the Palestinian national reconciliation effort has materialised, the Palestinian political situation is examined, highlighting consequences on legal and administrative structures. The Palestinian legal framework of the right of assembly in Palestine is addressed.

An assessment investigates how effective the legal apparatus is to protect the right of assembly, with a particular focus on the impact of political factors on the exercise of this right. A review also highlights the legal framework of the right to vote in Palestine, providing an outlook of future legal and partisan trends of the Palestinian electoral system.

In addition to an introduction, the book comprises three chapters, each addressing a focused theme. The Introduction provides an overview of the historical and philosophical evolution of political rights. Chapter 1 addresses political rights in light of international and regional conventions as well as the domestic legal framework. Chapter 2 examines the right of assembly, including in terms of legal regulation, reality self-organisation, and consequences of the internal Palestinian political divide. Presenting a legal review of laws on the right to vote in Palestine, Chapter 3 looks into the Palestinian electoral system and explores participatory practices and party quotas.

The Reality of Public Rights and Freedoms in Palestine between Regulation, Restriction and Oversight diagnoses current practices of public rights and freedoms in the West Bank and Gaza Strip. It unveils reflections of the internal Palestinian political split on the legislative status of and control over public rights and freedoms, describes the role of relevant institutions, and assesses how effective and efficient the oversight role they played during the internal Palestinian divide.

The book consists of an introduction and three chapters, each addressing focused topics. The Introduction provides an entry-point to the regulation of public rights and freedoms in light of relevant domestic norms and international standards. Chapter 1 introduces the freedom of expression in Palestine between the hammer of regulation and anvil of oversight. Chapter 2 highlights the right to access information under legislative and institutional frameworks. Chapter 3 reviews the oversight role the government and community play so as to protect public rights and freedoms.

The Legislative Status in Palestine 2007-2012: Mechanisms, Consequences and Solutions highlights the Palestinian legislative process in the context of the internal political division, which affected the Palestinian territory in 2007. The book characterises and assesses the legislative status in the West Bank and Gaza Strip, identifies major legislative mechanisms and tools applied in each area, explores legal consequences and positions created by the internal political division, and investigates predicaments resulting from functions of duplicate public authorities. The publication examines potential scenarios and solutions to be applied on the ground. The book also investigates judicial oversight of constitutional processes in Palestine.

The IoL LSD also paid special attention to the legal context in the Gaza Strip. To this avail, The Palestinian Political Division and the Reality of Rule of Law: Status of the Gaza Strip Selected Legal Treatises explores the current context of the rule of law in Gaza. It reviews practices and role of public authorities as to either invigorate or undermine the rule of law principle. Focused research papers are informed by an integrated approach, combining legal, political, economic and media perspectives.

The IoL hopes that these publications further improve the Palestinian legal system. These books contribute to consolidating Palestinian legislation, provide clearly defined recommendations to law- and decision-makers, and help relevant bodies identify legal and practical deficiencies that affect public rights and freedoms. IoL tailored publications contribute to raising the profile of public rights and freedoms in Palestine.