The establishment of a new constitutional court by Palestinian Authority President Mahmoud Abbas is being attacked as a blatant effort to seize power rather than as a move toward democratic values. Although the court is ostensibly independent of the president or any other political entity, observers note the make-up of the new judicial body is overwhelming Fatah – the faction Abbas heads – and excludes Hamas, the rival faction that rules the Gaza Strip. The court will also have the ability to overturn decisions of the lower courts. Analysts say issues that arise if and when Fatah and Hamas actually reconcile will undoubtedly be decided in favor of Fatah, thus creating new frictions rather than easing old ones. In fact, Abbas’s right to the presidency is itself a legal issue having been elected to a four year term in 2009 but remaining president because the two groups have been unable to agree to new elections. Hamas argues the same procedure should apply as if the president died in office: the speaker of the legislature would take over. And in that case, even though the parliament has not met since 2007, the speaker is a member of Hamas. Both local and Western pundits agree that the court, with the ability to over-rule both executive and legislative actions, gives Abbas inordinate power.