US constitution and Palestinian constitution

Palestinian Constitution

US Constitution

Same

Have a constitution

Palestinian Constitution made in July 10-17, 1968.

US constitution made September 17, 1787.

Separation of power

PRIME MINISTER - SALAM FAYYAD

PRESIDENT - MAHMOUD ABBAS

Legislature of Palestine

Many different Political Parties

JUDICIAL:

Run by the Supreme Court

Judge must be appointed by the President

President -

-Commander-in-Chief of the Palestinian Forces

-Sends and receives all foreign ambassadors

-Veto bills within 30 days of passage with 2/3 majority needed to over turn veto

-Appoints the Prime Minister and may remove him

-No right to dissolve the Legislative council and call for early elections.

Palestinian Legislative Council

-132 members

-about 15 members detained

by the head of the israeli authorities

and 3 deceased

-Vote for head of parlimant and head

of the country

-All members must be present whenever

proceeding with a meeting or a vote

Supreme court role -

-Determines which laws Congress intended to apply to any given case

-Determines whether a law is unconstitutional

-Determines how Congress meant the law to apply to disputes

-Determines how a law acts to determine the disposition of prisoners

-Determines how a law acts to compel testimony and the production of evidence

-Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion -depends upon the standard of review, determined by the type of case in question.)

-Polices its own members

Separation of power

Individual Rights

Bill of rights = 10

Amendments = 17

Preamble = 5

1. forbids unreasonable search or seizure of persons, homes, and other effects with no warrant.

2. Right to bear arms

1. Government cannot interfere with freedom of speech, petition, religion, peaceful assembly and press.

Individual Rights

Palestinian constitution states in the bill of rights that individual rights is guaranteed

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right to equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government

A living document

On May 29, 2002 the Basic Law was ratified by President Arafat.

This Basic Law differs slightly from the draft law approved in 1996.

2 of the 3 houses must approve the bill

if Palestinian legislater council vetos 2/3 houses must re-vote on the bill to pass

Executive branch either signs or vetos the law

A living document

Popular Sovereignty

President - Barack Obama

VP - Joe Biden

4 year term, two year limit

Elections - Tuesday November 1st

Popular Sovereignty

President - Mahmoud Abbas

Prime Minister - Salam Fayyad

President is considered vacant in any of the following cases:

-Death

-Resignation submitted to the Palestinian Legislative Council if accepted by two thirds of its Members

-Considered legally incompetent, as per a ruling issued by the Supreme

-Constitutional Court, and subsequently approved by two thirds of the

-Palestinian Legislative Council

Both president and vice, people vote for Parliament. Majority wins!

No consecutive terms

Voting age = 18years

UNITED STATES OF AMERICA

VS

PALESTINE

President signs or vetos

Individual Rights

if vetoed - 2/3 of both houses must have a re-vote

Both houses must approve of the bill

Voting Age - 18

President elected by the majority of votes in the state

Separation of power

Individual rights

A Living document

Popular sovereignty

Judicial - Supreme Court

EXECUTIVE - Barack Obama

Powers -

interprets laws

solve dispute between states

solve dispute between foreign ambassadors

solve constitution cases

Powers -

make treaties

appoint judges

appoint officials

foreign affairs

commander in chief of army

Legislative - Congress

Powers -

make laws

pass bills

declare war

collect tax

power to spend money

EXECUTIVE:

Vice President -

Head of the Government

Holds meetings with authorities of government

Changing laws in process of approval

Power to change Laws like the US constitution

LEGISLATIVE: