Constitution Of Palestine
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Constitution Of Palestine
Palestinian law is the law administered by the Palestinian National Authority within the territory pursuant to the Oslo Accords. It has an unusually unsettled status, as of 2021, due to the complex legal history of the area. Palestinian law includes many of the legal regimes and precepts used in Palestinian ruled territory and administered by the Palestinian Authority (West Bank areas A and B) and Hamas (Gaza Strip), which is not an independent nation-state. The scope of this article is to explain the legal history, context and development of law, the current fields of study of law in Palestinian ruled territory, as well as the state of lawlessness in those territories. It is also to discuss the domestic and international positions on which set of laws are controlling in Palestinian ruled territory today. Terminology Due to the changing usages of the terms "Palestine" and "Palestinian" throughout history, the term may also be associated with regimes that are not associated with t ...
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Palestinian National Authority
The Palestinian National Authority (PA or PNA; ar, السلطة الوطنية الفلسطينية '), commonly known as the Palestinian Authority and officially the State of Palestine,
Al Jazeera. Accessed 4 July 2021.
is the Fatah-controlled government body that exercises partial civil control over West Bank areas "A" and "B" as a consequence of the 1993–1995 Oslo Accords. The Palestinian Authority control ...
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Shari'a
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ...
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Mandatory Palestine
Mandatory Palestine ( ar, فلسطين الانتدابية '; he, פָּלֶשְׂתִּינָה (א״י) ', where "E.Y." indicates ''’Eretz Yiśrā’ēl'', the Land of Israel) was a geopolitical entity established between 1920 and 1948 in the region of Palestine under the terms of the League of Nations Mandate for Palestine. During the First World War (1914–1918), an Arab uprising against Ottoman rule and the British Empire's Egyptian Expeditionary Force under General Edmund Allenby drove the Ottoman Turks out of the Levant during the Sinai and Palestine Campaign. The United Kingdom had agreed in the McMahon–Hussein Correspondence that it would honour Arab independence if the Arabs revolted against the Ottoman Turks, but the two sides had different interpretations of this agreement, and in the end, the United Kingdom and France divided the area under the Sykes–Picot Agreementan act of betrayal in the eyes of the Arabs. Further complicating the issue was t ...
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Mahdi Abdul Hadi
Mahdi Abdul Hadi (born 22 March 1944) is a political scientist, historian, columnist, author, founder and member of various Palestinian, Arab and International institutions. He founded and heads the Palestinian Academic Society for the Study of International Affairs. Hadi was born in Nablus but has spent most of his life in Jerusalem. He holds a Ph.D. from the School of Peace Studies at the University of Bradford in the United Kingdom. He has devoted most of his life to academic research and dialogue, as well as the publication of this research with the aim of providing a deep understanding of Palestinian issues, past and present – the land, the people, their rights and their leadership – to interested audiences in the region and beyond. He has founded and co-founded numerous forums and institutes. For example, he co-founded the Al-Fajr Palestinian daily newspaper in 1972 as well as the Palestinian Council for Higher Education (1977–1980). Family Hadi's family roots can be ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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Prisoners Of War
A prisoner of war (POW) is a person who is held Captivity, captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610. Belligerents hold prisoners of war in custody for a range of legitimate and illegitimate reasons, such as isolating them from the enemy combatants still in the field (releasing and Repatriation, repatriating them in an orderly manner after hostilities), demonstrating military victory, punishing them, prosecuting them for war crimes, exploitation of labour, exploiting them for their labour, recruiting or even Conscription, conscripting them as their own combatants, collecting military and political intelligence from them, or Indoctrination, indoctrinating them in new political or religious beliefs. Ancient times For most of human history, depending on the culture of the victors, enemy fighters on the losing side in a battle who had surrendered and been taken as ...
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Free Market Economy
A market economy is an economic system in which the decisions regarding investment, production and distribution to the consumers are guided by the price signals created by the forces of supply and demand, where all suppliers and consumers are unimpeded by price controls or restrictions on contract freedom. The major characteristic of a market economy is the existence of factor markets that play a dominant role in the allocation of capital and the factors of production. Market economies range from minimally regulated free-market and ''laissez-faire'' systems where state activity is restricted to providing public goods and services and safeguarding private ownership, to interventionist forms where the government plays an active role in serving special interests and promoting social welfare. State intervention can happen at the production, distribution, trade and consumption areas in the economy. The distribution of basic need services and goods like health care may be e ...
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Miranda Rights
In the United States, the ''Miranda'' warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as ''Miranda'' rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings. The idea came from law professor Yale Kamisar, who subsequently was dubbed "the father of ''Miranda''." The language used in a ''Miranda'' warning was derived from the 1966 U.S. Supreme Court case ''Miranda v. Arizona''. The specific language used in the warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any wa ...
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Procedural Due Process
Procedural due process is a legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker. Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The article "Some Kind of Hearing" written by Judge Henry Friendly Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was an American lawyer and jurist who served as a circuit judge on the United States Court of Appeals for the Second Circuit from 1959 until his death in 1986. Friendly was one of the most p ... created a list of basic due process rights "that remains highly influential, as to both content and relative priori ...
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Political Freedom
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom was described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behavio ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ...
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