The Constitution of the Israeli palestinian Confederation

 

Preamble:

The peoples of Palestine and Israel, in order to bring about peace and prosperity, establish justice, ensure domestic tranquility, promote the general welfare, and secure liberty for ourselves and our posterity, do ordain and establish this Constitution for the Israeli Palestinian Confederation.

The Israeli Palestinian Confederation serves as a government of the people to resolve conflicts and grow into the future in a fair and equitable manner.

We believe that Palestinians and Israelis are entitled to live at peace and enjoy liberty, the pursuit of happiness, and self-determination.

We believe that Palestinians and Israelis are entitled to equal rights under the law, and guaranteed human rights and freedom.

We believe that the creation of a confederation is consistent with the aspirations of the peoples of Palestine and Israel. The Israeli Palestinian Confederation does not intend to supersede or supplant the Palestinian or Israeli governments, nor to abrogate or undermine any agreements between those governments.

We believe that the principles stated above will be achieved through the facilities of a mutual confederation, dedicated to fair representation of both the Israeli and the Palestinian peoples, and dedicated to achieving consensus through confederation principles.

ARTICLE I
Section 1. All legislative powers herein granted shall be vested in the Parliament, which shall consist of a combined 300 Palestinian and Israeli members elected within Israel and Palestine. Said Parliament shall be called the Israeli Palestinian Parliament. The time, place, and manner of the Parliament’s legislative sessions and voting mechanism shall be prescribed by the Parliament.

The time, place, and manner of holding elections, subsequent to the first, shall be prescribed by the Parliament. For the purpose of conducting the first elections, districts shall be drawn by the founding committee prior to the elections.

The founding committee shall prescribe the time, place, and manner of the first elections for the President, Vice President and members of Parliament, as well as the time, place, and manner for the first Parliament to conduct its legislative sessions. Subsequent to the first elections, the 300 districts shall be set by an independent committee composed of Israelis and Palestinians who meet the eligibility requirement to vote in the upcoming elections, and who shall not run as candidates in those elections. The committee shall be appointed in accordance with the Appointment Clause of Article I, Section 24.

Districts shall be drawn randomly based on population. Districts may be drawn in blocks that include several districts, or may be drawn to accommodate the various natural and man-made geographic features.

The committee shall announce the districts at least 180 days prior to the elections. Districts may change at each election to reflect a change in population or in geographical features. The committee shall attempt to assign districts to reflect the entire population. Said committee shall be allowed sufficient latitude in drawing the districts to promote whatever practical and efficient innovation will best accommodate free and fair elections. Section 2. No bill shall become law unless 55 percent of the Palestinian and 55 percent of the Israeli members of Parliament have passed it, and unless the respective Israeli and Palestinian heads of governments and the separate Israeli and Palestinian legislative bodies have been given a reasonable and equal opportunity to veto said bill, and unless said governments and legislative bodies decline to veto such legislation within a reasonable time as prescribed by the bill. No bill shall prescribe a period of fewer than 30 days unless said bill is declared an emergency bill, and unless a fair, equal, and reasonable opportunity is afforded to the Israeli and Palestinian heads of government and legislative bodies to veto said legislation. Prior to the enactment of any law, the Confederation shall obtain an approved petition from the Israeli or Palestinian governments authorizing it to enforce said law within the jurisdiction of the authorizing government.

Section 3. The Parliament may pass laws designating the time, place, and manner of issuance of vetoes, as well as the identities of those governments and legislative bodies to whom a veto power is bestowed.

Section 4. Laws not affecting the separate Israeli or Palestinian governments may pass upon a 55 percent vote of the Palestinian and 55 percent of the Israeli members of Parliament and shall not be subject to veto by those governments.

Section 5. The Parliament shall be composed of members elected every four years by the people of the several districts. Said elections shall take place within the confines of Israel and Palestine. Those eligible to vote must hold citizenship in the state of Israel or in Palestine, as defined by those governments, and must have attained the age of 18, and must reside in Israel or Palestine.

Section 6. A person may be elected to Parliament provided he or she has attained the age of 21 years at the time of the election, and is a citizen of Palestine or Israel, and resides in the district in which he or she may be elected. All Parliament members shall announce their affiliated citizenship upon the announcement of their candidacy, and, when elected, shall be counted as members of the same delegation as their announced citizenship and will remain so until the date of the termination of their term.

A person may announce his or her candidacy for Parliament and President; however, should that person be elected to both, he or she shall make a choice, within 30 days from the date he or she was elected, as to his or her preferred choice of posts. No person shall serve simultaneously as an elected member of the Parliament and in the executive branch of the Confederation.

Section 7. Except for the first elections, the elections for the President, Vice President and Parliament shall take place at least 30 days prior to the expiration of the term of the current officeholders. Each district shall elect the candidate for Parliament who received the most votes. In the event of a block district that sends several representatives to Parliament, those candidates who receive the most votes shall be elected.

Section 8. When a vacancy occurs in the Parliamentary representation of any district or block of districts, the candidate who received the next highest number of votes for that seat shall be installed. If no such candidate exists, the delegation of which the former representative was a member shall appoint the succeeding representative.

Section 9. Each member of the Parliament shall take the following oath prior to taking office: “I do solemnly swear (or affirm) that I will faithfully execute my duties as a Legislator for the Israeli Palestinian Parliament, and will, to the best of my ability, preserve, protect, and defend the Constitution of the Israeli Palestinian Confederation.”

Section 10. Parliament members shall be elected for a period of four years, and each Parliament member shall have one vote. Parliament members shall not serve and shall not be elected for more than 12 years or three terms, whichever is greater.

Section 11. The Parliament shall have the sole power to try and impeach the President and the Vice President, as well as any Parliament members, officers, and Judges of the Confederation. When convening for that purpose, Parliament members shall be on oath or affirmation. When any Confederation government member is tried, one Israeli and one Palestinian member of Parliament shall preside. No person shall be impeached unless 55 percent of the Israeli and 55 percent of the Palestinian members of Parliament have voted for the same article of impeachment. No person shall be convicted unless 65 percent of the Israeli and 65 percent of the Palestinian members of Parliament have voted to convict on the same article.

Section 12. Judgment in cases of impeachment shall not extend beyond removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Israeli Palestinian Confederation; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

Section 13. The Parliament shall be the judge of the elections, returns, and qualifications of its own members.

Section 14. The Parliament may determine the rules of its proceedings and punish its members for disorderly behavior.

Section 15. The Parliament shall keep a journal of its proceedings, and from time to time publish the same, and the yeas and nays of the members on any question shall be entered in the journal. The proceedings of the Parliament shall be open to the public, and its proceedings published and available to the general public.

Section 16. The Parliament members may receive compensation for their services, to be ascertained by law, and paid from the treasury of the Israeli Palestinian Confederation.

Section 17. The Parliament members shall, in all cases except for treason, felony, and breach of the peace, be privileged from arrest by the Confederation during their attendance at the Parliament, and in going to and returning from the same; and for any speech or debate.

Section 18. No Parliament member shall simultaneously serve as an elected official in the Israeli or Palestinian governments or legislative bodies.

Section 19. The first Parliament shall ratify the Constitution of the Israeli Palestinian Confederation in its present or amended form by a vote of 55 percent of the Israeli and 55 percent of the Palestinian members of Parliament. Any subsequent amendments to the Constitution shall require 65 percent of the Israeli and 65 percent of the Palestinian members of Parliament.

Section 20. The laws of the Palestinian government and the laws of the Israeli government shall be the supreme law of the land; any conflict of laws between the Israeli or Palestinian governments and the Confederation shall be interpreted to allocate superior weight to the separate Israeli or Palestinian governments.

Section 21. The elected and appointed officials of the Israeli Palestinian Confederation government shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification for any office or public trust under the Israeli Palestinian Confederation.

Section 22. The Israeli Palestinian Confederation shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances.

Section 23. All debts contracted and obligations entered into by the Confederation, before the adoption of this Constitution, shall be valid against the Confederation.

Section 24. No committee or judicial panel shall be appointed unless an equal number of its members are appointed by the Israeli and the Palestinian delegations to the Parliament, and unless the President and Vice President each have appointed an equal number of the committee or panel members. No person who, at the time of appointment, is a member of the separate Israeli or Palestinian governments, legislative bodies, armies, or police forces shall be appointed. No committee member, judicial officer, or executive appointed on behalf of the Confederation shall take office unless he or she takes the same oath taken by those who made the appointment.

Section 25. The Parliament may override any veto issued by the President of the Confederation by 65 percent of the Israeli and 65 percent of the Palestinian members of Parliament. The Israeli Palestinian Confederation shall not override any veto issued by either the Israeli or the Palestinian governments.

Section 26. This Constitution shall be interpreted based on its English language version.

Section 27. The first election date for the Confederation government shall be December 12, 2012, and shall last for a period of time as shall be announced by the Confederation founding committee. Said elections and future elections may be conducted in the most convenient manner, including over the Internet, so as to accommodate the needs of the Israeli and Palestinian people.

Section 28. The Confederation government shall be sworn into office within 45 days after the announcement of the election results. The election results shall be certified by the Confederation committee. All elected officials of the Confederation shall take an oath of office, which may be taken verbally, or in writing, or in any manner sufficient to establish a meaningful communication of said oath or affirmation.

Section 29. Any official of the Confederation who was elected in special elections or appointed to office shall serve until the next general elections, and, if qualified, may run in that or any subsequent elections.

ARTICLE II
Section 1. The executive power of the Confederation shall be vested in a President and Vice President for a term of four years. The President shall hold his or her office during the term of two years, and shall alternate at the expiration of the two years with the Vice President, who shall become the President in the second two years of the term; at that point the previous President shall become Vice President. The President and the Vice President shall be elected at the same time. Said President and Vice President shall be citizens and residents of Israel or Palestine.

The President and Vice President shall be elected every four years during the general elections held at the same time as the elections for Parliament. The candidate who obtains the most votes from the entire pool of voters for President shall be elected as President for the first two years of the term. The Vice President shall be of a different citizenship from the person elected President. The person of a different citizenship from the President who received the second largest number of votes from the entire pool of voters shall be elected as Vice President and shall serve as such for of the first two years of the term.

Section 2. The President shall have the power to veto legislation passed by the Confederation Parliament at any time prior to a veto issued by the separate Israeli or Palestinian governments.

The President may issue executive orders, which will be in effect for a period of 90 days, to facilitate the President’s and Vice President’s executive duties. Said orders shall conform to duties bestowed upon him or her by this Constitution or by the Parliament, who may override said orders and regulations by 65 percent of the Israeli and 65 of the Palestinian members of Parliament.

The President shall appoint various secretaries and ministers, who shall be confirmed by 55 percent of the Israeli and 55 percent of the Palestinian members of Parliament. Said secretaries shall take the oath of office as prescribed in this Constitution. A secretary or minister for the Confederation may not act in any official capacity for either the Israeli or Palestinian governments.

The Vice President shall act as the Chief and Commander of the Israeli Palestinian Confederation Police Force. The President shall have the power to enter into treaties with other governments, subject to ratification by the Parliament, and subject to a veto power of the separate Israeli and Palestinian governments as prescribed by Article I, Section 2.
The President and Vice President shall have the power to pardon any individual of all violations relating to laws within the jurisdiction of the Israeli Palestinian Confederation. However, the Parliament shall also have the power to overturn such pardon upon a vote of 55 percent of the Palestinian and 55 percent of the Israeli members of Parliament or upon the vote of 65 percent of either delegation.

Section 3. No President or Vice President shall be elected or serve for more than eight years or two terms, whichever is greater.

Section 4. No person except a citizen and resident of Israel or Palestine shall be eligible to the office of President or Vice President; neither shall any person be eligible for that office who has not attained the age of 35 years.

Section 5. In case of the removal of the President from office, or of his or her death, resignation, or inability to discharge the powers and duties of said office, the same shall be bestowed on the next runner-up candidate for the same office who shall maintain the same rotation, in the elections for the same time period, provided said candidate is of the same citizenship as that of the unavailable President. If no such candidate is available, special elections shall be held within 90 days of the President’s declared unavailability. The unavailability of the President shall be declared by the Parliament or by the President himself or herself.

Section 6. In case of the removal of the Vice President from office, or upon his or her death, resignation, or inability to discharge the powers and duties of said office, the same shall be bestowed on the next runner-up candidate for the same office who shall maintain the same rotation, in the elections for the same time period, provided said candidate is of the same citizenship as that of the unavailable Vice President. If no such candidate is available, special elections shall be held within 90 days of the Vice President’s declared unavailability. The unavailability of the Vice President shall be declared by the Parliament, or by the Vice President himself or herself.

Section 7. In case of the removal of both the President and Vice President from office, or of the death, resignation, or inability of both the President and Vice President to discharge the powers and duties of said office, the same shall be bestowed on the next runner-up candidates for the same offices for the same time period, who shall maintain the same rotation as that of the unavailable President and Vice President. If no such candidates are available, special elections shall be held within 90 days from their declared unavailability. The unavailability of both the President and the Vice President shall be declared by the Parliament, or by both the President and Vice President.

Section 8. The President and Vice President may, at designated times, receive compensation for their services from the Israeli Palestinian Confederation.

Section 9. Before the President and Vice President enter into the execution of their offices, they shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of President (or Vice President) of the Israeli Palestinian Confederation, and will to the best of my ability, preserve, protect, and defend the Constitution of the Israeli Palestinian Confederation.”

Section 10. The President and Vice President shall have the powers as bestowed upon them by this Constitution and the members of the Israeli Palestinian Parliament, subject to the veto power of the separate Israeli and Palestinian governments, as stated in Article I of this Constitution.

Section 11. The President, Vice President, Parliament members, Judges, and all civil officers of the Israeli Palestinian Confederation, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes.


Article III
Section 1. The judicial power of the Israeli Palestinian Confederation shall be vested in one Supreme Court and in such lower courts as the Parliament may from time to time ordain and establish. There shall be an equal number of Israeli and Palestinian Judges. Each trial shall contain the same number of Israeli and Palestinian Judges.

All Judges for the Israeli Palestinian Confederation shall be appointed equally by the President and Vice President and shall be confirmed by the Parliament.

In the event of unavailability, a Judge shall be appointed by the President or Vice President of the same citizenship as the unavailable Judge and shall be confirmed by the Parliament.

Section 2. The judicial power shall extend to all cases arising under this Constitution and the laws of the Israeli Palestinian Confederation.

Section 3. All cases shall be heard by an equal number of Israeli and Palestinian Judges. Decisions shall be rendered by a simple majority. In the event a simple majority is unattainable, a random drawing to remove one Judge will be held. However, any legal decision against a Palestinian or Israeli citizen or entity must have a majority of Judges of the same citizenship as that of the person or entity against whom a decision is rendered.

Section 4. All legal decisions, except those relating to the internal operation of the Confederation government, shall have an automatic 60-day stay, and may be appealed to the separate Israeli or Palestinian judicial systems, and may be subject to a complete or partial reversal or modification by the respective Palestinian or Israeli courts in accordance with their laws and requirements. The Israeli Palestinian Confederation decisions relating to the internal operation of the Confederation government shall become final upon a decision of the Israeli Palestinian Confederation Supreme Court.

Section 5. The Israeli Palestinian Confederation judicial system shall give full faith and credit to any legal decision made by the separate Palestinian or Israeli judicial systems.
Definition and usage of words found in the Constitution
Palestine: West Bank and Gaza
Israel: The entire state of Israel that is under the control of the Israeli government
Israeli Citizen: A person who is recognized under Israeli law as a citizen of Israel.
Palestinian Citizen: A person who is recognized under Palestinian law as a citizen of Palestine.
Different Citizen: For an Israeli citizen, a “different citizen” is a Palestinian citizen. For a Palestinian citizen, a “different citizen” is an Israeli Citizen.
Gender: Masculine or feminine references include both masculine and feminine.