This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

Almost twenty years after the Oslo Accords and the formation of the Palestinian National Authority (PA), there is a need to examine this experience in all its aspects, especially since it has not achieved its main goal: the transition from an autonomous authority to an independent state with full sovereignty over the 1967 occupied Palestinian territories (West Bank and Gaza Strip). This book is a comprehensive study of the PA and its experience. The 15 chapters analyze the aspects of the PA establishment and its legislative, judicial and presidential institutions, as well as the performance of successive governments. The book deals with the internal Palestinian situation, the security forces, the PA position towards the resistance forces, and economic, demographic, educational and health conditions in the West Bank and Gaza Strip. It also tackles the corruption in the PA, the relationship between the PA and the media, as well as its foreign policy. This book is a systematic, scientific study that forensically documents the PA experience. It has undergone the usual procedures of scientific editing, including the reviewing of texts and references.

When the international legal community seeks definitive information and educated commentary on Palestinian issues it turns to "The Palestine Yearbook of International Law." The ninth volume contains - leading articles on the judicial review in Palestine, on water management, and on the status of Jerusalem; - the texts of Palestinian, Israeli, and U.S. legislation; - the texts of several reports on rights and claims of Moslems and Jews in connection with the Wailing Wall; - a selection of recent book reviews; and - a detailed bibliography. The charged nature of this field heightens the importance of access to quality information. The Palestine Yearbook of International Law supplies topical coverage on a wide range of issues in the field, making it a key resource for international practitioners and academics.

Authoritarianism seems to be everywhere in the political world—even the definition of authoritarianism as any form of non-democratic governance has grown very broad. Attempts to explain authoritarian rule as a function of the interests or needs of the ruler or regime can be misleading. Autocrats Can’t Always Get What They Want argues that to understand how authoritarian systems work we need to look not only at the interests and intentions of those at the top, but also at the inner workings of the various parts of the state. Courts, elections, security force structure, and intelligence gathering are seen as structured and geared toward helping maintain the regime. Yet authoritarian regimes do not all operate the same way in the day-to-day and year-to-year tumble of politics. In Autocrats Can’t Always Get What They Want, the authors find that when state bodies form strong institutional patterns and forge links with key allies both inside the state and outside of it, they can define interests and missions that are different from those at the top of the regime. By focusing on three such structures (parliaments, constitutional courts, and official religious institutions), the book shows that the degree of autonomy realized by a particular part of the state rests on how thoroughly it is institutionalized and how strong its links are with constituencies. Instead of viewing authoritarian governance as something that reduces politics to rulers’ whims and opposition movements, the authors show how it operates—and how much what we call “authoritarianism” varies.

This annual referential report, has become an essential classic in the academic realm of Palestinian Studies. It includes the latest and most recent statistical and analytic data on the various developments related to the Palestinian issue. ** Al-Zaytouna Centre is pleased to present to its readers the Palestine Strategic Report (PSR) 2018–2019, the 11th PSR to be published. With an academic methodology and comprehensive, and objective approach, the report comprehensively details developments concerning the Palestine issue and provides the latest information and data available at the end of 2019, along with analyses and forecasts running into 2020–2021. This report is the result of collaborative work between 14 experts and researchers. In eight chapters, it addresses the internal Palestinian scene; Palestinian demographic and economic indicators; the situation in Jerusalem and the holy sites; the specifics of Israeli aggression, Palestinian resistance and the peace process; the complexities of Israeli-Palestinian dynamics, including the internal situation in Israel; and Palestine’s Arab, Islamic and international relations. The PSR now occupies a prominent position as an indispensable reference document, integral to Palestine studies and research. Al-Zaytouna Centre hopes the PSR will continue to make valuable contributions in this field.

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 2 is Islamic Law and its Implementation in Asia and the Middle East.

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.