Analysis of the Palestinian case in terms of Georg Jellinek's Three Elements Theory

This thesis deals with an important issue of constitutional law, which is the elements of the state. Since the definition of the state always revolves around its basic elements, constitutional law lawyers differed in the definition of the state and its elements. Some jurists recognized that the state is composed of three elements: land, people, and sovereignty. As for some, the state was considered to be composed of four elements: territory, people, sovereignty, "political authority" and international recognition. In this thesis in the first part, the definition of the state and its elements will be examined in terms of the constitutional theory of the German lawyer George JELLINEK. The second part will deal with the Palestinian issue from its inception until 2021, where the theory of lawyer George JELLINEK will be applied to the Palestinian example. Undoubtedly, one of the important problems still awaiting solution in the world today is the "Palestine Problem", which continues its existence with the Israeli-Palestinian conflict. As the first element of the state is the land, it is the Palestine-Israel conflict over the territory that complicates the Palestinian issue. It should be noted that the borders of the Palestinian territories have not been precisely defined for centuries, as anyone who traces the historical maps of Palestine will find them unstable through the ages due to the colonial powers. On the other hand, we see that the second element is the people, the issue of the Palestinian people revolves around land ownership. The emergence of Zionism and Israel's claim to Palestinian territories led to massacres and internationally prohibited crimes against the Palestinian people. These massacres negatively impacted the Palestinian population as the number of Palestinians dwindled due to murder and displacement, resulting in an increase in the number of Jews compared to Palestinians. As for the issue of sovereignty, which is the third element of the state, let us say that the question of sovereignty is left to an unknown fate in relation to the Palestine Israel conflict, which will be examined in the pages of this thesis. Keywords: Georg Jellinek, Palestine, The State, Sovereignty, Land, Sovereignty, Nation, Country