The Limits of the Legislative Council's Role: Let Us Respect the Mind of the Palestinian Citizen

Author: Taher Taysir Al-Masri

If the Palestinian legislative elections are held in 2026, and with the start of registering lists and the crystallization of their programs, the discourse returns promising to end the division, restore national unity, unify the political system in the West Bank, Gaza Strip, and Jerusalem, maintain the legal unity of the occupied Palestinian land, enhance sovereignty, and confront the occupation. These are legitimate national goals, but the electoral program should inform the voter what the list can do if it reaches the council. Hence, the necessity arises to distinguish between what falls within the actual powers of the legislative council and what exceeds its jurisdiction and tools.

The Basic Law defines the council in Article (47) as "the elected legislative authority," granting it legislative and oversight tasks: enacting laws, overseeing the government, granting or withholding confidence, questioning ministers, forming investigative committees, and approving the budget. Article (83) also stipulates that the government is considered resigned upon the commencement of a new council's term, which gives elections a significant institutional impact in rearranging the executive authority and reviving parliamentary accountability.

However, restoring the regularity of constitutional institutions does not equate to ending political division. Electing a council that represents the West Bank, Gaza, and Jerusalem may be an important step towards restoring a single elected national institution, but it does not grant it constitutional authority to unify the existing executive, security, and judicial institutions on the ground; this is a political and institutional process that is broader than its legislative and oversight functions.

In the matter of legal unity, the role of the council becomes clearer. The preamble of the Basic Law talks about enacting "unified legislations and laws for the Palestinian homeland," and the elections law considers the Palestinian territories as a single electoral district. Thus, an active council can review the legislations that have accumulated during the years of division, remove contradictions between them, and build a unified legislative system. This is an essential task, but it differs from the claim that it can alone "unify the political system."

Jerusalem serves as an example of the limits of electoral discourse. The Oslo Accords (2) stipulated the election of the council by Palestinians in the West Bank, Jerusalem, and Gaza Strip, but excluded Jerusalem from the council's regional jurisdiction as it is considered a final status issue. Participation in the election of the council does not mean having full political or regional authority over it.

The same applies to negotiations and resistance to occupation. The internal regulations established a political committee for negotiations and Arab and international relations, a committee for Jerusalem, and another for land and resistance to settlement, but their existence does not grant the council the authority to manage negotiations or set the national strategy for resisting occupation; their function is parliamentary, based on research, oversight, reports, and recommendations.

Here, the issue of Oslo emerges. Whether we like it or not, the legislative council was not established as a parliament of a fully sovereign state, but within the framework of transitional self-governance arrangements. The preamble of the basic law links the establishment of the authority's institutions to the transitional phase resulting from the Declaration of Principles Agreement, while Oslo (2) defined the scope of the council's jurisdiction and excluded Jerusalem, settlements, refugees, borders, foreign relations, and other final status issues.

It is true that the Central Council of the Palestine Liberation Organization made decisions in 2018 and 2022 regarding ending commitment to the agreements and dissolving some obligations arising from them, but they did not amend the basic law or replace the constitutional structure that defines the council's jurisdiction. Therefore, it is necessary to distinguish between the political position of the organization regarding Oslo and the existing legal powers of the legislative council.

As for the formulation of the higher national policies of the Palestine Liberation Organization and the strategy related to the conflict, negotiations, and political representation of the Palestinian people, this exceeds the jurisdiction of the legislative council as a legislative authority of the Palestinian Authority. The basic law of the organization makes the National Council its supreme authority responsible for setting its policies, plans, and programs. A member may participate in these issues as a member of the National Council, not as a member of the legislative council.

This opens a door that should not be overlooked in electoral programs. If issues of comprehensive national representation and the national strategy fall within the framework of the Palestine Liberation Organization and its National Council, then the renewal of legitimacy is not complete with the election of the Legislative Council. The principle, according to the organization's basic law, is that members of the National Council are elected by direct voting from the Palestinian people, with the council continuing in the event that elections cannot be held. The decree for the elections of the National Council in 2026 stipulated conducting elections "wherever possible, inside the State of Palestine and abroad." This means that electing members of the National Council within the occupied Palestinian territories is legally and organizationally possible, where conditions allow for voting. It is natural for the lists that raise the banner of democracy and the renewal of legitimacy to clarify their position on the election of the National Council as well, and to demand conducting elections within the occupied Palestinian territories and abroad wherever possible, instead of turning the exception or appointment into a permanent rule.

As for "maintaining the legal unity of the occupied Palestinian territories," this unity is not created by elections. The International Court of Justice confirmed in its advisory opinion on July 19, 2024, that the West Bank, including East Jerusalem, and the Gaza Strip constitute a single territorial unit that must be preserved in its unity, continuity, and integrity. The council can unify the legislative system within this unit, but it does not create its legal unity and cannot, by parliamentary decision, end the occupation or achieve actual sovereignty over it.

Voters have the right to hear what candidates can actually do: what laws will they change? How will they monitor the government? How will they address the accumulation of decisions by laws? And how will they use the budget and accountability to protect rights and freedoms?

Comparative parliamentary experiences do not measure the quality of a candidate by the size of their slogans, but by their ability to perform their function: legislation, oversight, protecting public funds, representing citizens, and working with integrity and independence. A good representative knows the limits of their mandate and uses its tools efficiently. In this context, combating corruption and promoting integrity are among the areas where the council can play a real role, through oversight, accountability, protecting public funds, and preventing conflicts of interest. Integrity standards should include lists, political forces, and transparency in funding their campaigns; those who demand accountability from the authority must adhere to the same principles.

Presenting the end of occupation, achieving sovereignty, resolving negotiations, or ending division as accomplishments within reach of the council places a burden on the institution that exceeds what the law grants it. Voters should not be misled by slogans suggesting that the ballot box provides the council with powers not granted by the basic law, the internal regulations, or the legal framework within which the institution was established.

Legislative elections are important, but their true significance lies in restoring an elected legislative and oversight institution to life, regaining accountability and the rule of law, unifying legislation, and enhancing integrity and oversight of public funds. These are significant tasks that do not require promises that the council lacks the means to fulfill. Lists and candidates should respect the intellect of the Palestinian citizen and promise only what they can actually achieve.