Truth Commissions as a Means of Parliamentary Observation on the Executive Power in the Palestinian Legislation (A comparative Study)

Abstract

Aim of this study: This study aims at submitting analytical therapy for legal governing to form the fact-finding committees, at highlighting some detail regarding the fact-finding committees as a mean of the parliamentary control over the executive authority by showing what it is, its legal basis and its place in contemporary political systems. This mean has been distinguished from other means of parliamentary control in this study, as well as from other investigative images. Then the researcher addressed how to form such committees, its types and the eligibility of the executive authority to request a formation or not. After that, the researcher moved on to show its competencies, its mechanisms of action and its results. Study Approach: The researcher adopted the analytical descriptive approach and the comparative approach by analyzing the constitutional and legal texts of both Palestine and the Arab Republic of Egypt concerning the parliamentary fact-finding committees. Results: - The absence of the role of fact-finding committees, which is because the Palestinian legislature omitted the legal text that governs the fact-finding committees in terms of formation, mechanisms of action, its granted power And the implications of that, because the one party has full control over both the executive authority and the legislative authority in Palestine, in both the former and the current council, and because of the division that took place in 2007 in spite of the clear violations in various ministries and organizations. Recommendations: - The Palestinian legislature should work hard on legislating laws that govern the parliamentary fact-finding committees, so they have the time to increase their supervisory role, thus achieving the desired results. - The Palestinian legislator should explicitly prevent any parliamentary investigation on the subject of or related to the functioning of the judicial system to confirm the administration of justice and to remove any obstacle in front of it, even if it was a parliamentary investigation.Keywords: (Fact-Finding – Parliamentary Control – Executive Authority – Palestinian Legislator)