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Proposed New Constitution for Palestine
Proposed New Constitution for Palestine
Jerusalem, 22 and 23 December 1935
Scheme of the Legislative Council
1. Composition of the Legislative Council.
The Legislative Council will consist of 28 members made up as follows :
5 official.
11 nominated unofficial.
12 elected.
|
|
Elected |
Nominated |
Official |
|
Moslems |
8 |
3 (including 1Bedu) |
|
|
Jews |
3 |
4 |
|
|
Christians |
1 |
2 |
|
|
Commercial |
|
2 |
|
|
Officials |
|
|
5 |
|
|
12 |
11 |
5 |
The allotment of the seats in the Council as among elected members is based upon the numbers of the different communities in the total population of Palestine: no revision of that distribution is contemplated within the five years’ term of the Council.
The person presiding over the deliberations of the Council will be called the President (Arabic – Rais; Hebrew – Yoshev-Rosh) and will be appointed from outside Palestine.
In the event of an equality of votes a casting vote will be exercised by the senior official member.
A quorum will consist of six members.
The High Commissioner will have the right to open any Session of the Council or may address the Council or send a message thereto.
The normal life of the Council will be five years. The normal Sessions of the Council would cover three months and, if found convenient, may be divided into two Sessions of six weeks each, the Sessions being held at periods convenient for the discussion of public business.
If any community refuses to take part in the Election, the High Commissioner will have the power to nominate either British officials or such persons as he may think fit, to their seats in the Council.
2. Powers of the President.
The President will be some impartial person unconnected with Palestine, probably with judicial experience. He will neither debate nor vote.
3. Method of election.
Elected members will be elected by direct election.
The question whether the number of constituencies will be equal to or fewer than the number of the elected members will be settled by the High Commissioner in consultation with leaders.
4. Qualification of voters.
(a) No literary test and no money test.
(b) Either Palestinian citizenship or legal residence in Palestine for two or three years preceding the date of registration as voters. This provision will apply to the first election and to any by-elections of the first Council only. It is proposed that in any future elections only Palestinian citizens should be allowed to vote.
(c) Twenty-five years of age.
(d) It is left for each community to decide whether it wishes its women to have the right to vote or not.
5. Qualification of members other than official members.
(a) No person can be elected as a member of the Council who is less than 30 years of age.
(b) An elected member must be a Palestinian citizen.
6. Payment of members.
Members other than official members will be paid. The amount of the salary I suggest is £200 or £300 per annum.
7. Powers and duties of the Legislative Council.
Subject to securing the fulfilment of the international obligations of His Majesty's Government, and the High Commissioner's powers to maintain law, order, and good government, the Legislative Council will have the following rights and duties:
(i) to debate on all Bills introduced by Government, to amend and to pass them for assent or dissent by the High Commissioner;
(ii) to introduce Bills, except Money Bills, subject to the consent of the High Commissioner;
(iii) to consider and debate on the annual budget; there would be a general debate and then the Estimates would be passed as a whole, after examination in Committee. There would be a limit set to the number of days during which the Estimates could be discussed. Any member moving a reduction of a vote would be required to state his reasons for doing so;
(iv) to propose any question of public interest for debate, provided that no vote for the expenditure of public money or the imposition of taxation may be proposed except by the direction of the High Commissioner, nor any resolution which in the opinion of the High Commissioner is likely to endanger the public peace;
(The Council will have an opportunity of debating when dealing with the budget or in reply to the Address or on resolutions);
(v) to ask questions of the Executive relative to the administration of government.
8. THE POWERS AND DUTIES OF THE HIGH COMMISSIONER.
The powers and duties of the High Commissioner under the new Constitution must be of such a nature as to enable him to carry on the work of Government and to fulfil the international obligations of His Majesty's Government.
After a Bill has been passed by the Legislative Council it will not become a Law until it has been assented to by the High Commissioner.
If the High Commissioner shall consider that it is expedient in the interests of public faith or good government that any measure should have effect, then if the Council fail to pass any such measure within such a time as the High Commissioner may think reasonable and expedient, the High Commissioner may cause any such measure to be introduced, and, if it is not then passed within a time specified by the High Commissioner, he may declare that any such measure shall have effect. It shall thereupon be an effective law.
If in the opinion of the High Commissioner urgent necessity shall arise when the Council is not sitting for measures to be taken for the maintenance of public order and security or for urgent expenditure or otherwise in the interests of good government, the High Commissioner in Executive Council may, with the approval of the Secretary of State, pass Ordinances directing the necessary measures to be taken.
He will have the power to prorogue or dissolve the Council.
The High Commissioner will also have the power in exceptional circumstances and with the approval of His Majesty's Government to postpone the holding of general elections after dissolution beyond the normal interval of twelve months.
The determination of labour immigration schedules will rest as heretofore with the High Commissioner; but it will be open to any unofficial member of the Legislative Council to move a resolution of objection or criticism in respect of any schedule.
9. No resolution or amendment to a Bill shall be moved in the Council which, in the opinion of the President,
(a) calls in question the validity of the Mandate accepted by His Majesty in respect of Palestine or suggests that the Mandate should be abolished or ought to be disregarded; or
(b) would be offensive to the Ruler or the Government of any neighbouring territory, or any foreign State, in friendly relations with His Majesty.
10. Standing Orders will in the first instance be drawn up by the High Commissioner with the approval of the Secretary of State and thereafter may be amended by the Legislative Council subject to the approval of the High Commissioner.
Source: ”Proposed New Constitution for Palestine Presented by the Secretary of State for the Colonies to Parliament by Command of His Majesty, March 1936”. London: His Majesty’s Stationary Office, 1936.