The Palestinian Constitution and the Geneva Accord: The Prospects for Palestinian Constitutionalism

The aim of this Article is to examine whether the provisions of the Geneva Accord, which for all practical purposes will likely determine the face and many of the structures and institutions of the State of Palestine, promotes the efforts at Palestinian constitutionalism, and by doing so, the cause of a just and lasting peace. In Part II, I will give a brief overview of the Palestine-Israel conflict in order to provide some context to the Palestinian draft constitution and the Geneva Accord. In Part III, I will analyze the provisions of the Gevena Accord that may impact upon Palestinian sovereignty and the ability of Palestine to function as a democratic and representative government. In Part IV, I provide a brief overview of Palestinians’ efforts at constitution drafting and examine the latest version of the Palestinian draft constitution, again, with an eye toward Palestinian sovereignty and democratic and representative government, those general notions of constitutionalism. In Part V, I conclude by discussing the prospects for constitutionalism in a future Palestinian state envisioned under the Geneva Accord.