Does President Abbas have the legal authority to dissolve the Hamas government and replace it with another government?
Yes and no. The Palestinian Authority operates under the terms of an interim constitution called the “Basic Law” that was passed by the Palestinian Legislative Council in 1997, and signed into law by then President Arafat in 2002. Under amendments to the law passed by the Palestinian Legislative Council in 2003, the president has the power to demand the resignation of the prime minister and his government. However, he may not appoint a new government without the approval of the Palestinian Legislative Council – which is currently dominated by Hamas. Moreover, until a new government has been approved, the old government is to continue in a care-taking role. The Basic Law also empowers the president to declare a “state of emergency” and to rule according to decree, although the extent of the president’s emergency authority is limited, and would not extend to the formation of a new government.
