عملية تحضير الدستور الفلسطيني و طريقة تبنيه: لماذا؟ كيف؟ و لماذا الآن؟

Modern constitutional movement reveals an increasing interest and participation of the international community in the constitution-making process of new-born states. The Palestinian experience does not diverge from this overall development, which considers the constitution as the best adapted legal instrument to eternalize the political compromise of the two-state solution, and to consecrate the transformation of the Palestinian national identity towards state-for-all-its-citizens (only). The problem here is that one may end up injecting contradicting priorities and interests in the constitution, to the point it is reduced to a symbolic document with political objectives rather than a comprehensive constitutional project which enables the construction of a state governed by law. This study shall critically follow up and analyze the Palestinian constitution-making process on the light of the classical theory of constituent power, in order to redress the Palestinian constitution-making within the overall development of international law and relations in order to have a more comprehensive vision of the Palestinian constitution, its role and its importance