Israel's Interface with the Palestinian Constitutional Structure

The interfaces of the Palestinian constitutional structure with Israel obligate it to formulate suitable policies.

Executive Summary

A prevailing mindset is that the Palestinian constitutional structure, including the Palestinian founding documents, is an internal Palestinian matter.

The Re’ut Institute contends that the interfaces of the Palestinian constitutional structure with Israel obligate it to formulate suitable policies.

The Re’ut Institute has identified five interfaces of the Palestinian constitutional structure with Israel:

  • Representation – Which entity represents the Palestinian people and regarding which issues?
  • Right to Self-Determination – Will this right be fully realized upon the establishment of a Palestinian state?
  • Refugeeism and Diaspora – What will be the relationship between Palestinian refugees in the diaspora and the Palestinian state?
  • Israeli-Arabs – In Permanent Status a triangular relationship of ambiguous nature will exist among the Palestinian state, Israel and its Arab citizens.
  • Outstanding Issues – How will the Palestinian constitutional structure influence the issues left for Permanent Status negotiations?

The Re’ut Institute claims that this issue might have far reaching effect on the stability of the Israeli-Palestinian relationship. Therefore, Israel should develop a suitable policy in order to influence the content of the Palestinian founding documents or their interpretation.

This paper contains three chapters:

First Chapter – Analysis of the Palestinian constitutional structure from an Israeli perspective;

  • A presentation of the tension between the ethos of the Palestinian struggle and the principle of historic compromise and its effect upon Palestinian constitutional structure;
  • An analysis of the interfaces between the Palestinian constitutional structure and Israel.

Second Chapter – Analysis of Palestinian Interfaces with Israel as dictated by the Third Draft Constitution for a Palestinian State;

Third Chapter – An identification of arenas in which Israel should design policies regarding the interfaces discussed above.

The immediate goal in relation to the Palestinian constitutional structure is to formulate a consistent set of policies. A pressing concern is the expected Fourth Draft Constitution for a Palestinian State.

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