between their respective jurisdictions in a manner that ensures independence to each of
them while coordinating their roles to achieve a high national interest that will serve as a
guide to all.
The enactment of this temporary Basic Law for a transitional and interim period
constitutes a fundamental step towards the realization of the firm national and historical
rights of the Arab Palestinian people. It shall not in any way whatsoever abrogate or
cancel their right to continue to strive to achieve their rights of return and selfdetermination, including the establishment of a Palestinian state with Jerusalem (al-Quds
al-Sharif) as its capital, which is the first shrine and the third mosque, to which the
Prophet Muhammad, may peace be upon him, traveled by night, in the land of the nativity
of Jesus, may peace be upon him.
The provisional character of the Basic Law shall not abrogate the right of any Palestinian,
wherever residing, to exercise equal rights with his/her fellow citizens on the soil of the
homeland.
This temporary Basic Law draws its strength from the will of the Palestinian people, their
firm rights, their continuous struggle and the exercise of their democratic right – as
represented in the election of the President of the Palestinian National Authority and the
members of the Palestinian Legislative Council – to commence the organization and
establishment of a sound, democratic and legislative life in Palestine. At the same time,
the enactment and ratification of this law by the Legislative Council does spring from the
fact that the Palestine Liberation Organization is the sole and legitimate representative of
the Arab Palestinian people.
Explanatory Memorandum
for the Amended Basic Law
Article 1112[2] of the Basic Law provides the Legislative Council with the authority to
amend the Basic Law by securing a majority vote of two-thirds of its members. The
Council believes that it is necessary to amend the Basic Law to allow for the creation of
the position of a Prime Minister in the Palestinian National Authority and to determine
his powers and the legal and political controls that will regulate his work, as well as to
define and clarify the form of the relationship between him and the President of the
Palestinian National Authority and the legislative branch.
This amendment requires rearrangement of some provisions of the original law.
Accordingly, the title that deals with the powers of the President of the National
Authority is now Title Three in the amended law. On the other hand, the title that deals
with the legislative branch has been moved to a subsequent title, which is Title Four.
2[2]
Editor’s note: Article 111 refers to the original text of the Basic Law as published in July 2002. In the
Amended Basic Law, it becomes Article 120. The reason for this apparent discrepancy is that the
Palestinian Legislator has chosen to integrate the March 2003 amendments into a consolidated text. This
has involved numbering anew a substantial part of the original articles.