The Coexistence of Diverse Legal Traditions in a Single Territory: The Case of the Freedom of Expression in Palestine

Abstract

This paper examines the coexistence among the three legal traditions in Palestine (continental law, common law and Islamic law) by revising various legislative pieces relating to the freedom of expression and comparing such instruments with the International Covenant on Civil and Political Rights (ICCPR). The paper proposes certain measures to reform the existing systems, taking into account the assumption that Palestine would be interested to become party to the Covenant as it declared in its 2003 Amended Basic Law (constitution), particularly in the light of Palestine’s recent attempts to acquire full membership of the United Nations. Using comparative and inductive approach, the paper adopts a wider definition of the freedom of expression that comprises five components: privacy, freedom of religion, freedom of opinion, right to peaceful assembly, and freedom of association.