Critical Research in the Social Sciences

Total Page:16

File Type:pdf, Size:1020Kb

Critical Research in the Social Sciences CRITICAL RESEARCH IN THE SOCIAL SCIENCES A TRANSDISCIPLINARY EAST-WEST HANDBOOK Edited by Roger Heacock and Édouard Conte Published by the Ibrahim Abu-Lughod Institute of International Studies Birzeit University and the Institute for Social Anthropology Austrian Academy of Sciences 2011 Critical Research in the Social Sciences: A Transdisciplinary East-West Handbook Edited by Roger Heacock and Édouard Conte Published by the Ibrahim Abu-Lughod Institute of International Studies Birzeit University and the Institute for Social Anthropology Austrian Academy of Sciences On behalf of the TEMPUS Joint European Program (JEP) “Social Science Methodology for Palestine” (CASOP): Ibrahim Abu-Lughod Institute, Birzeit University (Majdi Al-Malki, Coordinator), the Austrian Academy of Sciences, Vienna (Andre Gingrich, Grantholder) and IREMAM (Institut de Recherches sur le Monde Arabe et Musulman) Aix-en-Provence, France English translation: Nadim Mseis (Chapters 3, 7, 10) First Edition - 2011 © All Rights Reserved ISBN ???????????????? Birzeit University, P.O.Box 14, Birzeit - Palestine Tel: +972 2 2982939, Fax: +972 2 2982946 E-mail: [email protected] Website: http://home.birzeit.edu/giis Design & Layout By: Al Nasher Advertising Agency, Ramallah - Palestine Table of Contents Chapter One Disciplinary Building Blocks, Space-Time Reconfigurations 7 By Édouard Conte and Roger Heacock Chapter Two The Ethics of Social Science Research 65 By Laleh Khalili Chapter Three The Silence of Phenomena: Approximating the Question of Method 83 By Esmail al-Nashif Chapter Four Historical sociology and the renewal of the social sciences 123 By Elizabeth Picard Chapter Five Quantitative Versus Qualitative Approaches in Demography 147 By Youssef Courbage Chapter Six Anthropological Comparison as a Research Method in Arabia: Concepts, Inventory, and a Case Study 165 By Andre Gingrich Chapter Seven Researching in an Unsuitable Environment: The Palestinian Case 191 By Majdi Al-Malki Chapter Eight The Stakes and Uses of Law in the Social Sciences: A Focus on the Palestinian Experience 213 By Bernard Botiveau Chapter Nine The Portrayal of Islamic Family Law in Europe 241 By Nahda Shehada Chapter Ten The Crisis of Methodology in Arabic Publications: The Lebanese Case 259 Ghassan Al-Ezzi Chapter Eleven Conclusion Revisiting the Theses on Feuerbach 291 By Roger Heacock and Édouard Conte CRITICAL RESEARCH IN THE SOCIAL SCIENCES A TRANSDISCIPLINARY EAST-WEST HANDBOOK CHAPTER ONE DISCIPLINARY BUILDING BLocKS, SPace-TIME ReconfIGUratIONS By Édouard Conte and Roger Heacock The present handbook can only serve its purpose to the extent that it is critical, that is to say, that it proposes alternative avenues of approach, by raising red flags and green ones, as the case may be, or at the very least flashes the orange light of caution in the face of those researchers who are starting out, or who experience epistemological doubts about their relationship to the subject of their scientific curiosity. This collective effort is thus to be seen as the attempt to incarnate or at least to suggest critical avenues of approach to the many fascinating questions posed by the world in which we live and work. We ask the reader’s indulgence, because we the criticizers also need to be criticized, as we undoubtedly will be. If this happens, and if we do benefit from the critical dialogue with our readers, will we consider that we have contributed to the development of a contemporary reading of the requirements of social science methodology. - 7 - Critical Research in the Social Sciences: A Transdisciplinary East-West Handbook I. Building Blocks 1. Is the Expression “Social Science” a Contradiction in Terms? The processes that constitute and transform human societies are co-determined in infinitely complex fashions by overarching contingencies as well as multiple manifestations of individual agency. Can they be apprehended and cogently compared in terms of rationally definable causality, in other words “scientifically”? Or is the student of society, disposing of necessarily limited and selective data or sources, reduced to developing intuitive approaches biased by his or her own intellectual heritage, social position, political constraints and convictions, or career and material interests? Putting this query provisionally on one side, let us first ask how one could hope to apply a valid, if not “scientific” method in studying collective phenomena. These are by definition fluid, unique in their configurations, causes, and outcomes, and non reproducible. Hence they cannot be subjected to experimentation. Even controlled comparison is difficult to frame. Is it then at all “reasonable” – a term so cherished in modern “Western” thought – to expect that regularities be brought to light and “laws” formulated? Might ensuing “models”, beyond enabling abstract comprehension, guide present or future conduct or policy? Issues as daunting as these have been at the core of methodological and philosophical debate ever since Auguste Comte (1798-1852) coined the term “sociology” in the mid-nineteenth century. He predicted the emergence of a “positive” social science set in analogy to natural science, and thus ignited a seemingly endless discussion: can the study of social processes be subsumed under the heading of science? Whatever the view held, it became clear that deeply embedded normative visions of fields no lesser than history or law could no longer be taken at face value. Yet, social constellations and processes remained elusive, as did the position of the social actor and analyst: “As soon as we attempt to reflect, observed the great German sociologist Max Weber (1864-1920), about the way in which life confronts us in immediate concrete situations, it presents an infinite multiplicity of successively and coexistently emerging and disappearing events, both “within” and “outside” ourselves. The absolute infinitude of this multiplicity is seen to remain undiminished even when our attention is focused on a single object, for instance a concrete act of exchange, as soon as we seriously attempt an exhaustive description of all the individual components of this individual phenomenon, to say nothing of explaining it causally” (Weber 1949: 72, quoted in Scharpf 2007: 3). The intangible character of social phenomena implies that basic units of reference are hard to define: “Social wholes, even if they exist, can never be - 8 - Chapter one - Disciplinary Building Blocks directly experienced either by anthropologist or informant. The scope and scale of social systems and cultural forms beyond the level of direct experience must be imagined” (Moore and Sanders 2006: 17). One could easily substitute the dyad “anthropologist or informant” with “sociologist or respondent”, “historian or sources”, etc. The relationship between analyst and object is a highly delicate issue for all social scientists. The sociologist for one is also a member of society, which makes the establishment of minimal critical distance an arduous exercise. Yet, can the anthropologist pretend to understand a society of which he or she is not a member? Historians who probe a corpus of written sources may find it exceedingly thorny to extract themselves from the cultural or normative “empire” of those who composed them. Is then the construction of a valid general methodology of the social sciences a task impossible? If one fails to consider that “social facts” are constructed rather than pre-given, yes (cf. Durkheim 1982). But not if one accepts that science, social or otherwise, should not be misconstrued with the simple formalization of pre-existing bodies of data just waiting “out there” to be “discovered” and classified. What, asks Weber, are the questions that sources suggest? How are they enunciated? “It is not the actual interconnection of ‘things’ but the conceptual interconnections of problems which defines the scope of the various sciences. A new ‘science’ emerges where new problems are pursued by new methods, and truths are thereby discovered which open up new significant points of view” (Weber 1949: 68 quoted in Bourdieu et al. 1991: 33). In this voluntarist perspective, the validity of results does not necessarily depend on the reproducibility of the configurations studied. It can only be achieved by recognising and understanding the ultimately creative discontinuities that characterize scientific reasoning. Rather than mimic the natural scientist, the social scientist must strive to “inculcate an attitude of vigilance that can use adequate knowledge of error and the mechanisms that can induce it as one means of overcoming it” (Bourdieu et al. 1991: 3). Before developing this iterative approach, it could be useful to recall the obvious: science too is a product of history. The modes in which questions are developed and error analyzed can remain overshadowed by uncomfortable intellectual legacies, not least that of scientism. Such legacies are best made explicit. 2. Overcoming the Legacy of Scientism Social science and history still bear the watermark of the evolutionist and positivist traditions borne by A. Comte (1970). Notwithstanding Comte’s belated recognition in France and the condescendence of contemporary - 9 - Critical Research in the Social Sciences: A Transdisciplinary East-West Handbook historians such as H. Taine or E. Renan toward his ideas, the “father of positivism” decisively influenced Durkheimian sociology. His positive philosophy was also taken up by J. S. Mill (Heilbron 1995: 258-266). Comte posited that human
Recommended publications
  • West Bank and Gaza 2020 Human Rights Report
    WEST BANK AND GAZA 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Palestinian Authority basic law provides for an elected president and legislative council. There have been no national elections in the West Bank and Gaza since 2006. President Mahmoud Abbas has remained in office despite the expiration of his four-year term in 2009. The Palestinian Legislative Council has not functioned since 2007, and in 2018 the Palestinian Authority dissolved the Constitutional Court. In September 2019 and again in September, President Abbas called for the Palestinian Authority to organize elections for the Palestinian Legislative Council within six months, but elections had not taken place as of the end of the year. The Palestinian Authority head of government is Prime Minister Mohammad Shtayyeh. President Abbas is also chairman of the Palestine Liberation Organization and general commander of the Fatah movement. Six Palestinian Authority security forces agencies operate in parts of the West Bank. Several are under Palestinian Authority Ministry of Interior operational control and follow the prime minister’s guidance. The Palestinian Civil Police have primary responsibility for civil and community policing. The National Security Force conducts gendarmerie-style security operations in circumstances that exceed the capabilities of the civil police. The Military Intelligence Agency handles intelligence and criminal matters involving Palestinian Authority security forces personnel, including accusations of abuse and corruption. The General Intelligence Service is responsible for external intelligence gathering and operations. The Preventive Security Organization is responsible for internal intelligence gathering and investigations related to internal security cases, including political dissent. The Presidential Guard protects facilities and provides dignitary protection.
    [Show full text]
  • A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH
    HUMAN RIGHTS A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution WATCH A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Copyright © 2021 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-62313-900-1 Cover design by Rafael Jimenez Human Rights Watch defends the rights of people worldwide. We scrupulously investigate abuses, expose the facts widely, and pressure those with power to respect rights and secure justice. Human Rights Watch is an independent, international organization that works as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Sydney, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org APRIL 2021 ISBN: 978-1-62313-900-1 A Threshold Crossed Israeli Authorities and the Crimes of Apartheid and Persecution Map .................................................................................................................................. i Summary ......................................................................................................................... 2 Definitions of Apartheid and Persecution .................................................................................
    [Show full text]
  • Curriculum Snapshots: Picture Technology in Your Classroom!
    DOCUMENT RESUME ED 441 397 IR 020 293 AUTHOR Tate, Lori S., Ed. TITLE Curriculum Snapshots: Picture Technology in Your Classroom! INSTITUTION SouthEast and Islands Regional Technology in Education Consortium, Greensboro, NC.; AEL, Inc., Charleston, WV. SPONS AGENCY Office of Educational Research and Improvement (ED), Washington, DC. PUB DATE 2000-00-00 NOTE 108p. CONTRACT R302A980001 AVAILABLE FROM AEL, P.O. Box 1348, Charleston, WV 25325-1248. Tel: 304-347-0400; Tel: 800-624-9120 (Toll Free); Fax: 304-347-0487; e-mail: [email protected]. For full text: http://www.ael.org. PUB TYPE Guides Non-Classroom (055) Reports Descriptive (141) EDRS PRICE MF01/PC05 Plus Postage. DESCRIPTORS Class Activities; *Computer Assisted Instruction; *Computer Uses in Education; Educational Resources; Educational Technology; Elementary Secondary Education; Instructional Materials; Learning Activities; Teaching Methods IDENTIFIERS *Technology Integration ABSTRACT This bookie*: provides crlimpses inLo ti c: classrooms of real teachers at various stages of. technology integration. The "Snapshots" offered in this document illustrate appropriate and creative uses of technology at many grade levels and within different subject areas. The Curriculum Snapshots are organized by grade level (K-2, 3-5, 6-8, 9-12). Each Snapshot indicates the focus of the activities (topic), grade, and source (contributing teacher), and includes a photo of the teacher or of students working on the topic. Following the activity suggestions presented for each topic, are useful software and hardware and supplementary content-related resources such as Web sites and videos. Sections at the end of the booklet describe both general software types and specific software and video programs, and list software publishers and producers.(AEF) Reproductions supplied by EDRS are the best that can be made from the original document.
    [Show full text]
  • Social Integration at a Public Park Basketball Court
    UNIVERSITY OF CALIFORNIA Los Angeles Who’s Got Next? Social Integration at a Public Park Basketball Court A dissertation submitted in partial satisfaction of the requirements of the degree of Doctor of Philosophy in Sociology by Michael Francis DeLand 2014 ABSTRACT OF THE DISSERTATION Who’s Got Next? Social Integration at a Public Park Basketball Court by Michael Francis DeLand Doctor of Philosophy in Sociology University of California, Los Angeles, 2014 Professor Jack Katz, Chair This dissertation examines the ongoing formation of a public park as a particular type of public place. Based on four years of in-depth participant observation and historical and archival research I show how a pickup basketball scene has come to thrive at Ocean View Park (OVP) in Santa Monica California. I treat pickup basketball as a case of public place integration which pulls men out of diverse biographical trajectories into regular, intense, and emotional interactions with one another. Many of the men who regularly play at Ocean View Park hold the park in common, if very little else in their lives. Empirical chapters examine the contingencies of the park’s historical formation and the basketball scene’s contemporary continuation. Through comparative historical research I show how Ocean View Park was created as a “hidden gem” within its local urban ecology. Then I show that the intimate character of the park affords a loose network of men the opportunity to sustain regular and informal basketball games. Without the structure of formal organization men arrive at OVP explicitly to build and populate a vibrant gaming context with a diverse array of ii others.
    [Show full text]
  • 1 Comparative Legal Histories Workshop
    Department of Sociology Comparative Legal Histories Workshop: Colonial/Postcolonial India and Mandatory Palestine/Israel Stanford Law School Faculty Lounge June 6, 2011 Description In recent years, an impressive body of scholarship has emerged on colonial legal history. Some of this work has focused on Indian and Israeli legal history. While both contemporary Indian and Israeli law are in some senses a product of English law, many additional legal sources, including religious and customary law, have played a significant role in shaping the corpus of law in both countries. This history has yielded complex pluralistic legal orders which faced, and still face, similar problems, including the ongoing effects of the British colonial legacy and postcolonial partition, tensions between secularism and religion, and also the desire to absorb universalizing western culture while maintaining some elements of tradition. The goal of our workshop is to bring together a group of legal historians interested in comparative colonial histories who are studying different aspects of the history of Indian and Israeli law. The workshop will be a one-day informal gathering that would combine a discussion of trends in comparative colonial legal history with an opportunity for participants to present their research projects. Our objective is to create a forum where legal historians who may not necessarily be in dialogue with one another can interact, exchange ideas, and perhaps even begin collaborative research projects. The workshop is organized by Assaf Likhovski (Tel Aviv University) Renisa Mawani (UBC) and Mitra Sharafi (UW Law School). It is funded by the David Berg Institute for Law and History at Tel Aviv University, the Institute for Legal Studies, University of Wisconsin Law School, and the Department of Sociology at the University of British Columbia, and hosted by Stanford Law School.
    [Show full text]
  • The Palestinian Bid for Statehood: Its Repercussions for Business And
    Journal of International Business and Law Volume 12 | Issue 1 Article 6 2013 The alesP tinian Bid for Statehood: Its Repercussions for Business and Law Joshua Berzak Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/jibl Part of the Law Commons Recommended Citation Berzak, Joshua (2013) "The aleP stinian Bid for Statehood: Its Repercussions for Business and Law," Journal of International Business and Law: Vol. 12: Iss. 1, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/jibl/vol12/iss1/6 This Notes & Student Works is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Journal of International Business and Law by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Berzak: The Palestinian Bid for Statehood: Its Repercussions for Business THE PALESTINIAN BID FOR STATEHOOD: IT'S REPERCUSSIONS FOR BUSINESS AND INTERNATIONAL LAW Joshua Berzak* INTRODUCTION The purpose of this note is to analyze the potential impact of the Palestinian Authority's bid for membership into the United Nations on international business. Over the course of the past six decades, much has been written about the Palestine Authority's legitimacy as an independent nation as defined by international law. Debate has ranged between those who have argued Palestine's accordance with the requirements for statehood, and those who have vehemently denied statehood for the Palestinians. This note examines how the impact that a bid for membership in the United Nations, and a claim to statehood, will potentially affect Palestine's economic environment.
    [Show full text]
  • Proefschrift Mario 12/11/02 10:45 Page 153
    proefschrift mario 12/11/02 10:45 Page 153 5From Selva to Sierra The reaction has two ways to crush guerrillas: (1) to win the masses, (2) to liquidate the leadership, because as long as it remains, it will return....1 Partido Comunista del Perú-Sendero Luminoso 5.1 The Comandos Especiales In September 1991, DECAS militiamen were once again in the district of Tambo. In the twenty-four and a half months since they first came to the district during Operation Halcón, civil defence organisation in most of Tambo’s rural communities had yet again disintegrated. Back in August 1989, Tambo’s rural communities appar- ently exhibited a common determination to oppose Shining Path. In spite of this, however, strong guerrilla presence in the district persisted, chipping away at, and so demoralising, the peoples’ will to resist Shining Path. The periodic armed incursions; the frequent levies from rural villages of provisions and recruits (including children) to replenish rebel ranks; the chilling execution of “enemies” and “traitors” immedi- ately following a “people’s trial” (juicio popular)—all these served as constant, vio- lent reminders to the peasants of the terrifying hold that Shining Path had on their daily lives. By mid-1991, most of the villages that had previously reorganised them- selves with the help of the DECAS during Operation Halcón had once again deacti- vated their self-defence committees. It had become apparent to them that their comités de autodefensa not only attracted cruel reprisals from the rebels, but also were quite incapable of realistically deterring rebel attacks, particularly given their pitiful weaponry and lack of support from the army at the time.
    [Show full text]
  • An Assessment of Higher Education Needs in the West Bank and Gaza
    United States Agency for International Development An Assessment of Higher Education Needs in the West Bank and Gaza Submitted by The Academy for Educational Development Higher Education Support Initiative Strategic Technical Assistance for Results with Training (START) Prepared by Maher Hashweh Mazen Hashweh Sue Berryman September 2003 An Assessment of Higher Education Needs in the West Bank and Gaza Acknowledgments We would like first to extend our greatest gratitude to the Ministry of Education and Higher Education for all the support it gave in the development of this assessment. Special thanks go to Mr. Hisham Kuhail, Assistant Deputy Minister for Higher Education; Dr. Khalil Nakhleh, Head of Commission on Quality Assurance and Accreditation; Dr. Fahoum Shalabi, Director General for Development and Scientific Research/MOHE; and Ms. Frosse Dabiet, Director of International Relations / HE Sector. This work would not have been possible without the cooperation and efforts of the Deans of the Community Colleges and the Universities' Vice-Presidents for Academic Affairs. The Academy for Educational Development (AED) did everything in its capacity to facilitate our work. Special thanks are due here to Elaine Strite, Chief of Party, and Jamileh Abed, Academic Counselor. The important feedback and support of Sue Berryman / World Bank allowed us to better develop the structure, conclusions, and recommendations for this report. Finally, our appreciation and gratitude go to USAID for sponsoring this work. Special thanks go to Ms. Evelyn Levinson, former Higher Education and Training Specialist and Mr. Robert Davidson, Higher Education Team Leader, for their continuous support. Maher Hashweh and Mazen Hashweh Notice The views presented herein are those of the authors and should not be interpreted as reflecting those of the Agency for International Development or the Academy for Educational Development.
    [Show full text]
  • Literature Review the Benefits of Wild Caught Ornamental Aquatic Organisms
    LITERATURE REVIEW THE BENEFITS OF WILD CAUGHT ORNAMENTAL AQUATIC ORGANISMS 1 Submitted to the ORNAMENTAL AQUATIC TRADE ASSOCIATION October 2015 by Ian Watson and Dr David Roberts Durrell Institute of Conservation and Ecology [email protected] School of Anthropology and Conservation http://www.kent.ac.uk/sac/index.html University of Kent Canterbury Kent CT2 7NR United Kingdom Disclaimer: the views expressed in this report are those of the authors and do not necessarily represent the views of DICE, UoK or OATA. 2 Table of Contents Acronyms Used In This Report ................................................................................................................ 8 Executive Summary ............................................................................................................................... 10 Background to the Project .................................................................................................................... 13 Approach and Methodology ................................................................................................................. 13 Approach ........................................................................................................................................... 13 Literature Review Annex A ............................................................................................................ 13 Industry statistics Annex B .................................................................................................................... 15 Legislation
    [Show full text]
  • Riverside Police Department Riverside PD Policy Manual
    Riverside Police Department Riverside PD Policy Manual CHIEF’S PREFACE The Riverside Police Department Policy Manual is the result of countless hours of research, consultation and review of modern police procedures, evolving law and emerging best practices. It is a living document; additions, changes and deletions will inevitably be required, almost from the date of its publication. Nonetheless, issuing this manual is necessary to provide guidelines for our personnel and to give insight to the communities we serve into how we do our jobs and what they can expect from us. Each of us has an obligation to become familiar with the manual, to abide by its policies and to ensure that our comportment reflects the Department’s Core Values and Mission Statement and the Law Enforcement Code of Ethics, all of which are incorporated into the Policy Manual. The manual is not, however, a substitute for critical thinking and good judgment. No written guidance document can anticipate the entire range of human behaviors that police employees might encounter, nor can every contingency be predicted. We are all expected to follow policy. Occasionally, given the complex and nuanced nature of police work, we may need clarification from a supervisor as to how to interpret the manual in a specific situation. Always, we are expected to use our best professional judgment and our basic human decency to guide our actions. When we act thusly, we will have honored the many RPD heroes who have preceded us. Be safe and do good. Larry V. Gonzalez Chief of Police Copyright Lexipol, LLC 2020/03/17, All Rights Reserved.
    [Show full text]
  • THE PALESTINIAN RIGHT of RETURN in INTERNATIONAL HUMAN RIGHTS LAW the Palestinian Right of Return JEREMIE MAURICE BRACKA*
    PAST THE POINT OF NO RETURN? THE PALESTINIAN RIGHT OF RETURN IN INTERNATIONAL HUMAN RIGHTS LAW The Palestinian Right of Return JEREMIE MAURICE BRACKA* [This article examines the interpretive ambiguity and political obfuscation surrounding the Palestinian right of return in international human rights law. As a bitterly contested site of discourse, it is a topic that penetrates both the Israeli and Palestinian social narratives. Historically, the right of return debate is intrinsically linked to the complexity of the Palestinian refugee crisis, and the conflict over its creation — the right of return is the lung through which the Israeli–Palestinian struggle breathes. In the legal arena, the right of return’s treatment in the resolutions of the United Nations General Assembly, international treaty obligations and customary law warrants close scholarly attention. The Palestinians as non-nationals, and as a group of mass displaced persons, face unique challenges under human rights instruments. In the wake of Oslo, and more recently with Israel’s disengagement from Gaza, the right of return continues to be at the forefront of political contestation. In light of the symbolic resonance of unqualified return, this article focuses squarely on the asserted right of the 1948 Palestinian refugees and their descendants to return to Israel proper.] CONTENTS I Introduction II The Factual Framework A Rupture and Return: The 1948 ‘Blame Game’ B The Resonance of Return: Competing Nationalisms 1 Palestinian Conceptions of Return 2 Israeli Conceptions of
    [Show full text]
  • CDL(1996)066</A>
    CDL(1996)066e-restr Strasbourg, 5 September 1996 DRAFT OPINION ON THE DRAFT TEMPORARY CONSTITUTIONAL LAW FOR THE PALESTINIAN NATIONAL AUTHORITY IN THE TRANSITIONAL PERIOD prepared by the Secretariat on the basis of observations by C. Economides (Greece) J. Helgesen (Norway) and J. Robert (France) The present opinion, given within the framework of the Venice Commission's participation in the work of the task force on human rights and the judicial system in the autonomous Palestinian territories of the Parliamentary Assembly of the Council of Europe, relates to the 7th draft of the constitutional law for the Palestinian national authority prepared by the Legal Committee of the Palestinian Legislative Council (PLC) on 9 July 1996 (document CDL(96)61). The Commission is aware of the fact that this constitutional law is still under consideration and that it is possible that other drafts be prepared during the discussion before the Palestinian Legislative Council. Under these circumstances, the Commission's observations will be limited to the main points of the project. Moreover, one should note that the Commission has not considered the compatibility of the present project with the Israeli-Palestinian Agreements of 13 September 1993 and 4 May 1994. The text of the draft has been examined as it stands, having regard to its nature as a basic law for Palestine. First of all, the Commission finds, that the draft temporary constitutional law for the Palestinian national authority in the transitional period is a modern constitutional text very closely based on democratic principles. The following comments should be made with regard to the text: Article 3 While it is entirely normal that in its first article the constitutional text indicates that Palestine is a part of the Arab world and that the Palestinian people are part of the Arab nation (a statement which generally appears in several Arab Constitutions, in particular in the countries of the Maghreb), it is surprising that Article 3 states without hesitation that "Jerusalem is the capital of Palestine".
    [Show full text]