The Constitution Best Suitable For Palestine - 2283 Words

The constitution best suitable for Palestine would be based upon the comparison of USA’s and UK’s constitutional models. However, this analysis would also include a third model for the purposes of proposing a more practical constitutional setup for Palestine, similar to the one in Pakistan. Following any of the two oldest constitutions, either it be of the USA’s or UK’s, may seem like a feasible option in theory and most academics seem to agree as well. However, in reality Palestine’s problems are much more niche and in order to practically deal with them, it may be necessary to devise a unique constitutional model. The United States constitutional model is the most influential throughout the world. Many countries have been inspired and†¦show more content†¦If this can be achieved in Palestine then the tyranny of the majority would cease to exist if the constitutional defence mechanism were such that it would set out checks and balances over other institutions of the state. The US model distinctly sets out the features of each limb of the state under Article 1, 2 and 3. Article 1 of the Constitution sets out the role of the legislative, i.e. the House and Senate. More importantly, in Article 3, the Supreme Court and the judicial body is set up. The framers of the constitution inspired by Montesquieu’s work favoured a strict separation of power. James Madison stated; ‘By which the majority...be rendered unable to...carry into effect schemes of oppression’. Palestine’s constitution must contain a strict separation of power like the USA’s model and this would be a featuring characteristic as religious and political liberty should be its direct aim. Moreover, the independent Judiciary in the USA was devised by the framers of the Constitution to do one primary thing, to prevent the majority from ruling with an iron fist and curtail abuse of power. The Judiciary in the USA can declare any law unconstitutional if it is deemed to go against the rights guaranteed in the constitution. Similarly, in Marbury v. Madison it was held by the US Supreme court that a ‘law repugnant to the Constitution is void’ . Furthermore, in Wallace v. Jaffree, the courts held that