إعلان حالة الطوارئ في فلسطين بين الانقسام السياسي و جائحة كورونا

Abstract EN

The state of emergency system was introduced in the Palestinian Basic Law as an urgent legal solution in the face of crises that are difficult to resolve based on normal laws and legal procedures taken under normal circumstances, the declaration of a state of emergency is entrusted to the head of the Palestinian Authority and extended by law, in case there is a serious danger and in case of breach of public order and public morals or environmental disaster or epidemic that threatens the state of Palestine.

Many countries refuse to include the state of emergency in the constitution.

But the practical applications, especially after the spread of the Corona pandemic, have led most states to resort to the state of emergency to fight the Pandemic; Most of democratic states subject the declaration of a state of emergency under control for fear of harming rights and freedoms.

The Palestinian Basic Law prohibits the immunization of Laws or Decrees of judicial oversight and review.