Power or Justice? Rule and Law in the Palestinian Authority

作者: Hillel Frisch , Menachem Hofnung

DOI: 10.1177/0022343307076639

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摘要: Rule of law is usually analyzed exclusively in reference to domestic peace within the political entity. Yet, establishing a powerful independent legal system can have major impact on peaceful relations between entities. This article evaluates Palestinian Authority's performance creating democratic and institutions from its inception summer 1994 until outbreak armed conflict Israel Palestinians September 2000. Three potential explanations drawn literature state formation are evaluated explaining outcome: foreign intervention thesis blames failure asymmetry power PLO; structural claim that weakness stems unwillingness ruler limit his power; cultural argument claims only Anglo-Saxon European states truly liberal democratic. The findings show quest for led centralization authority executive, despite valiant attempts by politicians civil society avert such an outcome, identifies types obstacles need be overcome transform entity into reality would promote coexistence with neighbors.

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