Constructive Critical Accountability for The Compatibility Between the Palestinian Constitutional Framework and International Human Rights Agreements

Abstract

The constitution establishes the foundations upon which the law, in all its branches, is based. Due to this organic relationship between the constitution and ordinary laws, all legal principles are classified according to their hierarchy, with the constitution holding the highest rank. Consequently, rights and freedoms in the Palestinian legal system constitute a central axis emphasized by most of its constitutional texts. Human rights are inherent in the constitutional framework of modern states, influencing not only the relationships between individuals and the state but also extending to the structures of the state, decision-making processes, accountability, and oversight. Therefore, if the state aims to balance freedom and the public interest, the constitution's role is to regulate the peaceful coexistence between authority and freedom within the state. This can only be achieved by aligning constitutional and legislative texts with international agreements, based on the Universal Declaration of Human Rights of 1948, in order to promote human rights.