Following Hamas’s takeover of Gaza, Palestinian president, Abbas, declared a state of emergency.  He dismissed the then prime minister, Hamas’s Ismail Haniyeh and appointed Salam Fayyad as the emergency prime minister.  On July 13, Fayyad resigned as prime minister but then was re-appointed by Abbas as the interim government’s prime minister.  In addition, Abbas appointed three more ministers and decreed that this new government will remain in power until the next legislative or presidential elections.

According to the Palestinian Authority’s Basic Law, an emergency government may rule for 30 days without legislative approval.  However, as a result of the in-fighting between Fatah and Hamas and Israel’s arrest of Hamas lawmakers, the Palestinian parliament is dysfunctional and was incapable of giving approval.  Fatah and Abbas’s attempts to convene a parliamentary meeting to approve the new government have or will be boycotted by Hamas.  In addition, Hamas’s attempts to convene a parliamentary meeting to declare the new government unconstitutional will be boycotted by Fatah.  In either case, the parliament will lack the quorum necessary to make an official vote.

Palestinian lawmakers who drafted the Basic Law question the constitutionality of Abbas’s actions.  While most agree that Abbas had the right to dismiss Haniyeh as prime minister, many argue that Abbas does not have the necessary authority to appoint an entire cabinet without parliament approval nor the right to suspend parts of the constitution by decree.  Abbas seems to recognize these constitutional pitfalls but states that he will do what is necessary to keep the government functioning in Palestine.

The international community has shown support for Abbas in recent weeks.  Many western governments began sending aid to Abbas and the impoverished Palestinians.  Israel has released some of the withheld tax revenue that it collects for the Palestinian Authority and is set to release 250 Palestinian detainees. 

For more information please see:

Ha’aretz:  “Fatah to boycott parliament session convened by Hamas”  15 July 2007. 

The Media Line:  “‘Abbas to prevent Hamas’ participation in future elections”  15 July 2007. 

The Independent:  “Abbas to form new caretakers government”  14 July 2007. 

Reuters:  “Hamas rejects Abbas’s new government”  14 July 2007. 

Voice of America:  “Palestinian President Abbas rules out talks with Hamas”  14 July 2007. 

Washington Post:  “Abbas rejigs Palestinian government”  13 July 2007. 

Reuters:  “Framers of Palestinian constitution challenge Abbas”  8 July 2007.