The first draft of the Constitution of the State of Palestine was unveiled on Tuesday. The committee charged with drafting this constitution said that it published its first draft on its website by decision of Palestinian Authority President Mahmoud Abbas, so that it can be viewed and comments can be received within 60 days. One of the most important articles included in the draft is those related to organizing the assumption of the position of president in the event of a vacancy.

Published on: 02/10/2026 - 18:59

On Tuesday, the committee charged with drafting a constitution for a Palestinian state presented the first draft of an interim constitution so that the public could review it and make comments before the final drafting. This comes after major Western countries recognized a Palestinian state last year, and within the framework of legal and constitutional reforms undertaken by the Palestinian Authority.

The committee published the draft on its website based on a decision by Palestinian Authority President Mahmoud Abbas, according to what it announced. She indicated that the door is open to receive comments within 60 days.

The draft’s preamble stated: “Based on the inalienable rights of the Palestinian people to self-determination and the justice of their cause, we are writing this interim constitution for a state still under occupation, a state that insists on writing its existence in ink of steadfastness and hope.”

Read also: What does the map of the state that the Palestinians dream of look like in light of the Israeli measures in the West Bank and Gaza?

One of the most important articles included in the draft interim constitution is Article 79 related to regulating the assumption of the position of president in the event of a vacancy due to death or illness. It states: “The President of the State may appoint his deputy, assign him whatever tasks he deems appropriate, relieve him of his position, and accept his resignation.”

It stipulates that “if the position of the Head of State becomes vacant due to death or resignation, the Speaker of the House of Representatives shall replace him, and if the position of the Head of State becomes vacant due to loss of capacity or inability to exercise his constitutional duties, the position shall be declared vacant by a decision of the Constitutional Court based on the request of the absolute majority of members of the House of Representatives, and the Speaker of the House of Representatives shall temporarily exercise the powers of the head of state.”

Extending the presidential term

The same article states that “if the House of Representatives is not in place, the President of the Constitutional Court shall replace the Speaker of the House of Representatives.” The article affirms that a new president must be elected within a period not exceeding 90 days from the date the position becomes vacant, and that the presidential term begins from the date of announcing the election results.

It is not clear whether approval of this draft will cancel the decree issued by Abbas earlier, which stipulates that the vice president will assume the position of interim president until elections are held. The position of Vice President was created last year, and the last elections to choose the President of the Palestinian Authority were held in 2005.

The new draft includes an amendment to the term of the presidency and the House of Representatives to be five years instead of four.

France 24/Reuters

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