Law as a Vicious Circle: Community Protests against the Palestinian Government in West Bank

Social protest movements emerged in the West Bank calling for democratic reforms in light of the Palestinian Authority’s failure to adopt an institutional model that resonates with the public. Furthermore, its political system quickly divided, resulting in two conflicting authorities in the West Bank and the Gaza Strip. The executive authority, in both regions, monopolized legislation and disregarded the independence of judiciary, ultimately controlling the law – the procedural meaning of the law for the purposes of this study – in both legislative and judicial aspects to endorse its policies and strengthen its legitimacy. The demands of these movements ranged from repealing to amending existing legislation. While it initially seemed that these protests achieved their goals by "suspending" or "modifying" such laws, continuous data has revealed the executive authority’s ability to circumvent these demands after investing time and effort in their execution. It employed new legal tools, utilizing the law (both judiciary and legislation) to hinder the movements, bringing them back to their starting point, caught in a "vicious circle" where the law becomes its own instrument.

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Abstract

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Social protest movements emerged in the West Bank calling for democratic reforms in light of the Palestinian Authority’s failure to adopt an institutional model that resonates with the public. Furthermore, its political system quickly divided, resulting in two conflicting authorities in the West Bank and the Gaza Strip. The executive authority, in both regions, monopolized legislation and disregarded the independence of judiciary, ultimately controlling the law – the procedural meaning of the law for the purposes of this study – in both legislative and judicial aspects to endorse its policies and strengthen its legitimacy. The demands of these movements ranged from repealing to amending existing legislation. While it initially seemed that these protests achieved their goals by "suspending" or "modifying" such laws, continuous data has revealed the executive authority’s ability to circumvent these demands after investing time and effort in their execution. It employed new legal tools, utilizing the law (both judiciary and legislation) to hinder the movements, bringing them back to their starting point, caught in a "vicious circle" where the law becomes its own instrument.

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