Legislating for Migration: The Anomalous Case of the Palestinian Authority (2006)

Migration law covers the regulation of entry, residence and settlement, border-crossing and end of stay together with sanctions for the transgression of such rules, and at the same time the protection of migrants through the legal regulation of their rights, often proclaimed on the international level and sometimes incorporated in the domestic law.1 The legislative position of the Palestinian Authority (PA) is anomalous on both counts. Continue reading Legislating for Migration: The Anomalous Case of the Palestinian Authority (2006)

The Enactment of Constituent Power in the Arab World (2006)

Constituent power is the authority to frame or to amend a particular text, superior to other laws, called the constitution. What distinguishes framing power from amending power is that the latter changes the constitution in ways provided therein, while the former amends it outside any precedent constitutional framework. Most modern states have adopted written and rigid constitutions. According to Sieyès1 -the first to present a sophisticated theory of constituent power- ‘une constitution suppose avant tout un pouvoir constituant’ Continue reading The Enactment of Constituent Power in the Arab World (2006)