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Title: | The coexistence of diverse legal traditions in a single territory : the case of freedom of expression in Palestine |
Authors: | Qafisheh, Mutaz M. |
Keywords: | Freedom of expression -- Palestine Islamic law -- Palestine Common law -- Palestine United Nations -- Membership |
Issue Date: | 2013 |
Publisher: | University of Malta. Faculty of Laws |
Citation: | Qafisheh, M. M. (2013). The coexistence of diverse legal traditions in a single territory : the case of freedom of expression in Palestine. Mediterranean Journal of Human Rights, 17, 177-212. |
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. |
URI: | https://www.um.edu.mt/library/oar/handle/123456789/120946 |
Appears in Collections: | Mediterranean Journal of Human Rights, volume 17, double issue |
Files in This Item:
File | Description | Size | Format | |
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MJHR17(DI)A6.pdf | 8.39 MB | Adobe PDF | View/Open |
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