Politics of The Palestinian National Authority - Judicial Branch

Judicial Branch

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According to the constitution, the Judiciary branch shall be independent, and shall be assumed by the different types and level of courts. The structure, jurisdiction, and rulings of the courts shall be in accordance with law. The rulings shall be announced and executed in the name of the Palestinian people. It also states that the judges shall be independent, and shall not be subject to any authority other than the authority of law while exercising their duties and that no other authority may interfere in the judiciary or in the justice affairs. The Basic Law calls for the establishment of a Supreme Judicial Council shall be created. ARTICLE 101 1. States: Sharia’ (Islamic law) affairs and personal status shall be assumed by Sharia’ and religious courts in accordance with law. 2. Military courts shall be established by special laws. Such courts shall not have any jurisdiction beyond military affairs. Concerning public prosecutions, the constitution states the following:

"ARTICLE 107 1. The Attorney General shall be appointed through a decision issued by the President of the National Authority, based on a recommendation submitted by the Supreme Judicial Council, and endorsement of the Legislative Council. 2. The Attorney General shall handle and assume public cases in the name of the Palestinian Arab People. The jurisdiction, functions and duties of the Attorney General shall be specified by law.

ARTICLE 108 1. The jurisdiction, functions, structure, and composition of the Public Prosecution shall be regulated by law. 2. The appointment, transfer, removal, and questioning conditions of members of Public Prosecution, shall be specified by law.

ARTICLE 109 Execution sentence issued by any court shall not be implemented unless endorsed by the President of the National Palestinian Executive Authority."

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