Public Law

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Administrative grievance as a cause for suspending the deadline of administrative lawsuit for cancellation
(2016) Mohammad Husain Ihsan Irshaid; Dr. Mohammad Sharaqah
The Administrative Appeal is one of the major topics, which many people are unaware of the law. I have studied law and specialized on public law as a lot of people in Palestine and Jordan are innocence on understanding the law in general, because of that, I have made this study. In order to cover this study on details, the researcher has chosen the descriptive, analytical approach; additionally the researcher has used comparative methods as he could whereas some points on this topic can not be compared spatially due to the lack of texts talking about this study on other countries. Also, the researcher has attempted through his first part of this study to illustrate the essence of the administrative appeal in general and through this talk. The researcher has clarified the meaning of the administrative appeal, also he had identified between the administrative complaint and other similar actions, pointing out the importance of the administrative appeal, ending this chapter by showing the most important types of administrative appeal, both in terms of the party that offers them the grievance or legal obligation in terms of presenting. On the second chapter of this study, the researcher has identified the basic and main conditions of which must be available that we are in front of an administrative grievance proper legal sense, ending this chapter by clarifying the main effects on presenting the administrative appeal whether the effects belonging to the appellant or belong to the same management or administrative decision concerning the appellant of it or even belong to the third parties. At the end of this research, the researcher conclude many of the important findings and recommendation on the practical level and in the field of legislative remedies of administrative decisions, especially in Palestine.
Administrative Investigation In Palestinian Civil Service A comparative study
(2012) Alaa mohammad asmer; Dr. Muhammad Sharaka; Dr. Ghazi Dewekat
In this study, the researcher subject of an administrative inquiry in the civil service Palestinians, where there are problematic in this study on the legal framework Governing the process of administrative investigation and the extent of the coherence and agglutination legal architecture of the framework, where the researcher used in this study, comparative method, by comparison Palestinian legislation counterpart in the Egyptian legislation and demonstrate the difference in some of the issues. This study was divided into two chapters, the first entitled proceedings administrative investigation in the Palestinian civil service , and the intended action administrative investigation is how to begin the process of administrative investigation and what are the stages of this process, the investigation is administrative, like any other administrative process by decree under the law to commit by the administrative body entrusted by investigating the behavior of this road, and in this chapter was a researcher for referral for investigation is the first step that begins the administrative investigation and that in (Section I), disciplinary procedures begins towards the employee to be referred for investigation, and in this section the researcher showed the competent authority of the assignment to investigate the (first requirement) and precautionary measures against the employee assigned to investigate, in the (second requirement). In the second section of this chapter the researcher talked about directing administrative investigation, after the decision of referral for investigation phase of the stages of the investigation a direct inquiry to the employee, and in this section the researcher direct mechanism administrative investigation, in the (first requirement) and act to investigate the (second requirement). In the second chapter of this study the researcher presented the guarantees of the public employee in the process of administrative investigation in the Palestinian civil service the, where the guarantees are divided into disciplinary procedural safeguards and guarantees of objectivity, and these guarantees are integrated with each other to achieve one goal is to provide confidence and reassurance to the employee assigned to investigate, and in the this chapter presented the researcher to the procedural safeguards in (Section I), which can be defined as the guarantees relating to the form action to investigate and does not involve investigation, do not extend to the subject of the investigation, a charge against the employee assigned to investigate, and in this section the researcher showed the written form of inquiry and in the (first requirement), in addition to the adversarial nature of the administrative and investigative procedures in the (second requirement). The second section of this chapter has dealt with the researcher objective guarantees, with reference to the difficulty of complete separation between procedural safeguards and guarantees of objectivity, it is difficult to separate the procedural safeguards for objective guarantees some guarantees can be procedural and substantive at the same time, and this result is characterized in general by the administrative law are year is characterized by mixing objective side with procedural side, objective guarantees are guarantees on the subject of administrative investigation, which touches the subject of the charge against the employee, and the most important objective guarantees that he suffered a researcher in this section is the impartiality of the investigation in (first requirement), as well as to ensure the right of defense and this is what would be researcher (second requirement), where he was a researcher controls the exercise of the right of defense and the limits of this right. Through the study of legislation governing the administrative investigation process in Palestine, it is revealed there are some shortcomings in these texts, and through comparison with the Egyptian legislation show that the Egyptian legislation more accurate than his Palestinian counterpart, which exceeded many of the legal issues that overlooked the Palestinian legislator. The disciplinary regime in Palestine is narrower than his Egyptian counterpart, do not exist for tighter disciplinary or disciplinary councils or administrative prosecution, and the authority granted to the point of investigation in Palestine are limited and are associated with Balelzam which is a hindrance to the work of these bodies, this hand on the other hand, the Palestinian legislation detracted from the guarantees of the disciplinary officer in the process of administrative investigation, unlike the Egyptian legislature, which has strengthened these guarantees and regulations and in accordance with the provisions of the law. The researcher suggested some recommendations for the treatment of the problem of the researcher and the results that emerged during the study, which rotates as a whole around the prescribed legal system governing the disciplinary process management, including the investigation, so that there is regulation legislation consistent and able to control the process of administrative investigation, similar to his Egyptian counterpart.
The Agressions Against Woman in the Family
(2014) Marram Omar Hassan Najar; Dr. Fadi Shadeed; Dr. Ghaze Dwekat
This study is about assaults on woman inside the family in Palestine . It consists of introduction and two chapters. The introduction includes verbal assaults on the woman inside the family while the two chapters deal with sexual aggression inside the family. The introduction explains three kinds verbal aggression on the woman inside the family in three independence sections . The former studies the crimes of dispraise. ; he second explains the crime of woman abuse in law and punishment according to the Jordanian law item (16, 1960 ). Analyzing these crimes according to the gender concept in the third section. Chapter one deals with aggression against woman inside the family , particularly ,in three sections each discuses one crime according to the Jordanian law item (16) in (1960) . the first section explains the crime of woman assault ; the second explains the woman exposure , and the final explains the crime of incest . These crimes have been studied according to the components and punishment . The researcher added fourth section in order to study these three crimes according to the social gender concept. Similarly, chapter two discusses the physical assaults on woman inside the family. It explains three crimes in three separated sections . The first discusses the premeditated hurt through the fault of premeditated hurt and the crime of premeditated hurt . The researcher carried out an analytical legal study of the crime of circumcision the in the second one. The third section explains the premeditated murder inside the family, through which attenuated justifications have been studied for their relations with crimes of murder according to the gender against woman . These sections have been discussed by the punishment law ( Item No. 16 , 1960( except for the crime of circumcision which was not mentioned but the researcher aimed to study it from the perspective of the international law and the international agreements about human and woman rights . These crimes have been studied in the according to the social gender perspective. In the legal dimension and its analyzing of components and punishment , this study included the Jordanian Supreme and Egyptian supreme verdicts for interpretation the dimensions . Also, it exemplifies real cases of crimes against women which met the conditions of crime dimensions according to the law of punishment . The distinguished side of the study is its social side and the analyzing according to the social gender based on the international agreements and documents of human and woman rights . The study included an analytical and statistical survey study conducted by human rights centers and feminine ones activate in defending woman rights and against violence against women . The study has statistical data from Palestinian Central Bureau of Statistics and other feminine institutions specialized in defending woman rights about the violence against women inside the family in Palestine . The Palestinian Central Bureau of Statistics study in 2005 indicated that 23.3% of women have been exposed to physical violence one time at least inside the family; 61.7% were exposed to verbal ( psychological )violence in 2005 . These results shows the obvious shortage in the law of punishment for treating the crimes against women . Moreover, some statements legalized violence against women based on the masculine concept and cultural and social hereditary for treating the women issues . This reason motivated the researcher to discuss several sections dealing with the crime against woman in order to explain how the law – in some cases- reinforce violence against woman and how it was the protector of the criminal to perpetrate his crime without fear of punishment.
Anti- Corruption in the Current Palestinian Terriories Criminal Legal System Comparative Study
(2016) Tomer josef Cohen; Dr. Nael Taha
This study which is entitled " Fighting corruption in the punishment system in the territories of the Palestinian National Authority – Comparative study – aims at explaining the effects of the absence of political requesting in the Arab ruling regimes which caused some of governmental officials to commit corruption crimes and consider them above the law . The Palestinian society such as the others suffers from this phenomenon which caused wasting the public money . This fact makes us consider fighting corruption a part of basic and reforming solution for the structural problems of the Palestinian political system .Such solution demands activating the images of the civilian society such as the non-governmental organizations, special sector, universities and academic instructors because of their role as educating active tools aims at creating a good political and social context . The study showed there are several definitions for corruption crimes . But there is a common factor for defining these crimes which is that these crimes based on exploiting the public position in both public or private occupations in order to gain personal benefits . Also, it is referred that the most important methods of fighting crimes is drying their resources ,then creating good context decreasing corruption chances . This procedure is known as the national system for impartiality which aims at explaining the extent of corruption inside the state institutions because these crimes have risks in all aspects . Also, the study refers to the most important forms of corruption crimes in the punishment system presented in the Jordanian punishment law which is bribery crime . In addition , the study referred the same forms in the Palestinian fighting corruption law NO.1 , 2005 . The most important form is illegal earning . More importantly, the judgment plays a vital role in fighting corruption crimes because its laws guarantee the most important punishments and recompenses which cause public and private fortification . Consequently, the prevalence of justice arises . The study showed the importance of judgment in activating the systems of questioning and controlling due to the fact that judgment is the title of justice among people , in the same time protects freedoms, public and private interests . Consistently , the right for resorting to judgment has been guaranteed by the Palestinian basic law article ( 97). During the study , The state is responsible for the guarantee and respect of the legal authority dependency . This responsibility makes the judge works without bias and according to the law without being under pressure or under direct or indirect threat . Furthermore, it has been shown that the most important principles which protect the judgment independency ,the right in justice trail and guarantee the human rights . These principles presented in the equality in front of law , the public trail, guarantee human rights, the right of defending , the judge neutrality and assuming that the defendant is innocent until proven guilty which could be applied if the separation between the authorities is available especially the legal authority independency. Also, it is referred that the basic Palestinian law recognizes the legal authority is the third one and not functional. The researcher shed lights on the importance of the media in supporting questioning and controlling systems according to the globalization and information technology . The traditional government continued imposing several legal and administrative restrictions and spreading information and opinions but the government has a material dominance on the information resources . Despite this fact , the dominance has disappeared as a result of advanced technology which made these restrictions less important . It is important to note that the advanced telecommunication made the restrictions on freedom of opinion difficult because the legal statements which restrict the freedom of media became disable. Moreover, the study referred to the role of Arabic media in political questioning via its effects on the Arabic public opinion . The role of media should use all means for administrative controlling in order to work in perfect way to create an effective public opinion which fights corruption. Several obstacles encounters the role of media in this context among these is that the media workers , particularly men, are being targeted by legal actions related to public cases . Some of them have been subjected to severe verdicts , body aggression and custody. Finally, fighting corruption is a whole system which doesn't only depend on one pillar such executive , legislative authority or media . The concentration on this whole system creates a broad range of impartiality. The question which arises in this context is : Do media protect corruptors ? or , is corruption a trait in media ? Or , are media shelter for corruption and corrupters by bribing several media men who have been weakened against money and power and then occupied the position of defending corruption , corrupters
Appealing in the Constitutionality of the Laws "Comparative Study"
(2012) Zeed Ahmed Tawfeeq Zeed Al –Kailany; Dr. Ghazy Dweekat; Dr. Na'el Taha
The researcher starts his study about the legal control for the constitutionality of laws with a explanation for it ,and for its supporting and opposition ideas. Finally, he brought its advantages and drawbacks as an estimation for the constitutionality of laws. The introduction of this study discusses necessary backgrounds for controlling the constitutionality of the laws during which the appealing in the constitutionality of laws could be valid and could activate the constitutional case. Also, this introduction includes the conceptions of " constitution , the sublimity of the constitution, the differences between fixable and ridged constitution, the faith in legitimacy and the independence judicature. Chapter two includes the legal organization of the constitutional case in Palestine comparable with others . On other words, the legal frame organizing the work of the constitutional case. Background dealing with the nature of the constitutional case which has two characters, the former is material , the later is independent ; is included . Also, the second chapter includes the specialty of the constitutional court which has controlling in laws, paraphrasing the legal discourses and the authority for the judgment in conflicts dealing with legal specialty . The specialty of this court leads to the activation of the constitutional case in the Palestinian Supreme Constitutional Court throughout three major ways which are the connection with the constitutional case by subject judgment by transubstantiation, connection with the constitutional case by facing the constitutional court during the case and connection with the constitutional case throughout the original direct case. After the connection of the constitutional court with the case, constitutional infringement either formalistic or subjective should be assured. Chapter three includes the path of the constitutional case . The case starts during the planned procedures after meeting the legal conditions of the interest and the character. The procedures begins with applying for case, publication, preparing for investigation and pleading until the verdict after the legal formation for the court. The discussion, causing and publication stage starts until reaching the end of the bath by forming the verdict for the institutional case with its execution and correcting its material errors.
The application of the Palestinian security forces of the international legitimacy in the human rights provisions
(2016) Ahmad Ziad Daoud; Dr. Basil Mansour.supervisor; Dr. Mohamed Shraqah
This Study aimed at exploring the extent of the Palestinian Authority’s commitment to the principals of The International Bill of Human Rights. The Study was applied mainly on the Palestinian Security Forces in an effort to recognize the shortcomings in the application of The International Bill of Human Rights from the perspectives of the members of the Security Forces and Prisoners. The study came up with the below findings: • The majority of the selected sample, both members of the Security Forces and Prisoners, confirmed a suspect’s right to resort to military courts to prosecute any sector of the security forces in case he faced any offence during or after his detention. • In addition, the study concluded that the members of Security Forces assured that every detainee is treated according to the principle stating that “the accused is innocent until proved guilty” to the public by the judiciary, and that he has the right to defend himself using all legal methods, and to request the presence of a legal representative (lawyer) to guarantee that the detainee gets his humanitarian rights. • It was also noticed that the laws regulating the Security Forces are conforming to the international legitimacy in the human rights provisions, including the Basic Palestinian Law for the year 2003, Reform and Rehabilitation Law and the Palestinian Penal law, which indicates the Palestinian Authority’s awareness of the international legitimacy and human rights provisions. • The study also revealed a number of violations that were proved through the study conducted by the Independent Commission for Human Rights, which shows that the Security Forces conducted core violations to the international legitimacy in the human rights provisions. Such violations shall be investigated by the related control bodies. Based on the above, the researcher recommends the following: • There must be a binding Security Forces law that provides support for research and legal accountability to detect any legal violations, in addition to providing constructive feedback for these Forces and to rehabilitate the forces as much as possible, due to the importance of these Forces and its status in the society and the State. Furthermore, there should be more focus on the violations done by members of the security forces in studies conducted by the Palestinian Human Rights Commission to guarantee that such violations are not repeated and that the related members are held accountable for their actions. • In addition, there should be deterrent procedures for members of the Security Forces that encourage them to abide by the Palestinian laws and regulations related to detainees and prisoners, and to avoid the recurrence of any violations within its centers and locations. Furthermore, observations on the work of the Security Forces must be increased by the Legislative Council, the State Audit and Administrative Control Bureau, and the Anti-Corruption Commission, as they should be permanently present in Police and security centers to monitor their work. The researcher also recommends that there should be more focus on conducted targeted training session to increase the awareness of the members of security forces in issues related to international legitimacy in human rights.
Arrested in Penal Legislation Palestinian, Comparative Study
(2007) Muhannad Arif Sawan; A. D. Mubarak Ahmad Khalidi
Thesis topic arrested in the penal legislation Palestinian Magarnhabgyerh of penal legislation of other legislation, such as Egypt and Jordan, where the British took freely rights legislation barring Bhaala prejudice in certain situations, the longer the arrest of the most urgent actions that Harrihfho limits, but Yadamhavi conditions Mainhlmakan interest safeguards prevent violations of individual freedoms and regulate the border which the authorities Alaamhassistas Bahawaadm involvement in the darkness of prisons without legal basis, without reliance on the principles, norms, rules and penal legislation, which states quite frankly the inadmissibility arrested and remanded rights Bammerman not legally competent authorities Hence the importance of this study. The researcher discussed paving the arrest by the conventions and international legislation (charters and declarations) and the arrest in legislation Arabhutenaul researcher in the first quarter definition of the law enforcement and judicial duties and powers of legislation based Alvelstineutarif criminal prosecution, powers and function of the trigger punitive and functioning as the enforcement of judicial and prosecution are the powers and functions related lawsuit punitive started from the stage to accept the complaint and the evidence gathered via MOVED criminal case and conducted by the Public Prosecutor and the researcher in the second quarter what tariffs and arrested him various aspects of jurisprudence and the judiciary to give a clear picture of each corner and then viewed it as identified through the arrest coupled relationship liberties the fact that the individual arrested symptoms, which are freedom and hence the distinction between arrest and some of the actions might like him stop and stop and physical exposure. In chapter III, a researcher with the arrest of authority law enforcement officers in the arrest and conditions of its implementation, cases and then search procedures after the arrest and then examine the elements of the crime arrests and all that through legislation compared to other legislation Palestinian, Jordanian, Egyptian and British and check these conditions and big and put it in balance with the extent of achievement of justice, fairness, freedom and human dignity. To achieve the best results, provide useful study meets the precise details must be followed researcher tried scientifically accurate and certified From this standpoint, the researcher followed the curriculum interpretative and analytical articles dealing with the Code of Criminal Procedure and Palestinian research on the topic and other punitive legislation and the gloss accurate, then followed researcher analytic method for devising what is inherent in it and then followed the comparative method by comparing the legal texts to each other and neither of them know more precisely whether the wording or meaning, which is more in line with the same researcher, and finally followed the curriculum cash to not only the interpretation, analysis and comparison, but we must all criticism a statement beauties and disadvantages and to develop appropriate texts in the run and then followed by Conclusion The research findings and recommendations.
Claim Cancellation in Administrative Proceedings
(2014) Osama Naseem Rateb Zaidan; Dr. Mohamed Sharaqah; Dr. Basel Mansour
The researcher discussed the subject of the claim cancelation in administrative proceeding as a comparative study. The subject has two sides . The former is the applicant whether he has an interest in being an opponent in the administrative proceeding, or the administrative proceeding is being acceptable regardless to any person. The later is to whom the claim cancelation is being addressed. Or is it limited to the administrative decision or includes who contributed in establishing it? The comparative method has been used in which the Palestinian legislatives and Egyptian ones have been compared throughout the differences between them where cleared . The study has been divided into two an introduction and two chapters. The introduction includes the legal administrative procedures by illustration its concept, the criteria of distinction between the administrative and civilian proceeding . Finally, the criteria which Palestine has been taken as a base for comparing the administrative and civilian proceeding has been mentioned. Chapter one includes the conditions and reasons for appealing the administrative proceeding in which the necessary conditions for acceptance by adjudication have been clarified . The absence of one condition cause the refusal of the case . So, this chapter has been divided into two sections ; the former discusses the legal conditions of appealing the administrative proceeding. As a result, this section has been divided into four sub- sections. The first one is about appealing against the administrative proceeding , the second one contains the conditions of the applicant interest from the start of legal suit until its end. Applying for the appealing according to the rules of the law is the content of the third sub- section and the condition of refusing the parallel legal suit accepted by some countries in the fourth sub-section. The later section which explains the reasons for the appealing for cancelation the administrative proceeding has been divided into two sections. The first section contains the aspects of special formalist cancelation of the administrative proceeding; the second contains the materialistic aspects of cancelation of the administrative proceeding . Chapter two, on the other hand, the practical sides of cancelation in administrative proceeding during the different stages of the legal suit has been explained imitated from depositing the suit and informing the opponent until establishing the verdict . This subject matter is the first section of chapter two . On the contrary, section two has two sub- sections, the former includes the reason for cancelation weather it was absolute or relativity. The later deals with clarifying the legal frame in which the opponent could be forced to execute the verdict in addition to the effects of the administration refusal of executing the verdict of cancelation . Several recommendations have been suggested based on the study discussions including forming two steps for the administrative judgment in order to guarantee the right to judgment by the Palestinian basic law and forming a special administrative judgment similar to the civilian one in order to eliminate the administrative court load such as the Egyptian administrative judgment .
The Concept of Political crime
(2013) Ola shareef; Dr. Fadi Shadid; Dr. Basel Mansour
The focus of my research was the essence of the political crime. I elucidated through it the various special identification of this crime, and the reason for the absence of a unified internationally recognized identification despite of its importance . This refers to the presence of tremendous Jurisprudential theories, whereas each one has its special standards. Also, I tried in my thesis to illustrate the difference between the normal crime and the political one giving a brief glance to some kinds of political crimes. To organize this study, I defined in the introductory chapter the historical development of the political crime in the primitive societies specially during the Egyptian , The Greeks, The Romans periods . Accordingly, I studied the situation in France before and after the revolution, then the conditions of the political crime in Islam, and I clarified the concept of this crime and the attitude of the Jordanian Legislation and comparative Legislations from it. I summed up my thesis into two chapters, in the first one I allocated it to study the elements of the political crime, and I included three parts in it .In the first one I presented the material element of the political crime , defining the sequential stages starting from the cogitation and planning stage, going along with commencing the crime , to reach to the most important stage which is the realistic act of the crime. Then I studied the collaboration In offense. In the second part , I studied the material element of the political crime in its two branches; the Public and the Private . The Third part, I tackled the criteria of distinguishing political crimes from the normal one, and the standards for differentiating the purely political crimes from the relevant one. This operation can be done through analyzing the jurisprudential theories that control each crime separately. Also, I presented the most important crimes that raised jurisprudential debate about the possibility of considering it political or not. I assigned the second chapter to study the contents of the political crime through three studies. I illustrated in it the concept of assault on the political rights of state, and the extent of considering the security crimes within the political one through studying the conspiracy and the crime of aggression and a crime of high treason, and in the second part, I studied the press crimes and crimes as falling within the electoral molesters on the political rights of individuals. In the third and final part, I explicated the modality of dealing with the political offense and the prerogatives given according to law . I also clarified the meaning of the right of political asylum, and “ Not to compromise”. In addition to studying the sanctions taken against the criminal , the execution and Precautionary measures, and the possibility of issuing an amnesty for political criminal in various cases. Then I attached to my study selected models of the provisions of the Jordanian State Security Court in the past, with regard to crimes of conspiracy and counterfeiting of cash and terrorism. And the end , I set a conclusion recorded the most important results and observations that I realized and I presented it to address the issue in all its aspects
Confession in the Palestinian Criminal Procedural Law, Comparative Study
(2007) Lu’ai Dawood Mohammed Dweikat; Dr. Nael Taha
This study deals with the subject of confession from the side of the accused person being considered as a proof of prosecution according to the Palestinian Criminal Procedural Law and the Comparative Law. The study consists of four chapters. The first chapter studies the conception of confession both literally and technically or legally. In addition، it talks about the different types of confession with regard to the authority before whom it takes place، the credibility it has and the shape it takes. Moreover، I have dealt with the legal nature of confession explaining how confession is considered as a legal action not a legal conduct، since law itself organizes the consequences of confession without having any interference from the side of the person who gives the confession. The second chapter talks about the conditions which make the confession valid. In this chapter، I have illustrated that for the confession to be considered valid، productive and with legal consequences، it must a bade by the following conditions: 1.it must be given by a person who has a procedural qualification. For this condition to be applied، the person must be accused of committing the crime referred to the legal value of the confession given by one accused person against another، in addition to the confession from the side of the lawyer on behalf of his client (the accused person). The accused person must also have the mental perception and consciousness at the time of giving the confession. Hence، I have explained the cases of confession given by persons who are underage، lunatic or drunken. 2.The confession must be given under a free and conscious will of the accused person. Throughout this section، I have pointed out to cases where confession is considered null and void، these cases or techniques are divided into: a. Explicit or physical، such as coercion، overburdening the accused person through very long interrogation، using police dogs، using hypnosis or anesthetic drugs. implicit or Psychological، such as promising، tempting threatening the accused person، forcing him to take an oath or using deception or artifice. 3.The confession must be compatible or agreeing with fact and logic. 4.The confession must be given by applying correct procedures. I have later on distinguished between confession، testimony and civil avowal explaining similarities، and differences between them، in order to make it easy to understand the nature and indications of each of them so that one would not confuse between them. The Third chapter deals with the credibility of confession and its consequences upon prosecution; as the credibility of the confession varies according to، and depending on، the side who issue it; i.e.، it is given by the accused person or another person. Moreover I have talked about confession division، including the cases where division is allowed، the cases where division is not allowed and the role and authority of the court in dividing the confession. In the next section of this chapter، I have illustrated the effects of confession upon prosecution. I have studied this subject from two dimensions: 1.Procedural dimension which refers to the procedures applied during the legal proceedings of a case whether it is in the stage of investigation، initial interrogation، after the Attorney General takes a decision to institute legal proceedings and after bringing the case to the court by the Public Prosecution. Besides، I have explained the consequences of the confession given before the court، the consequence of the confession given after the initial sentence and the consequences of confession given after the final sentence. 2.Objective dimension which refers to the consequences of the confession upon the criminal penalty of the crime (s) committed and confessed by the accused person. Examples of such crimes are bribery، state community crimes، the crime of instituting a group to plan and execute crimes، the crime of forging seals، banknotes or stamps; and finally the crime of perjury (false swearing) In the fourth and last chapter، I have studied the cases of Confession recantation and confession nullity، I have first referred to the ability of the accused person to recant his confession، the court authority in evaluating this recantation and its consequences and indications of such a recantation which can tell if the recantation is right or not. The second subject I have studies in this chapter is the confession nullity referring to the most important aspects or causes which make a confession null: 1.Lack of or absence of procedural qualification from the side of the accused person. 2.Absence of free will be of the person who gives the confession. 3.of agreement or compatibility between the confession and facts or logic. 4.Absence or lack of correct procedures during giving the profession. Finally، I have illustrated the effects of null confession upon the proceeding and subsequent procedures.
The Constitutional Developments Of Democratic Notions and its Defense Elements in the Turkish Po-litical Regime 2002-2011
(2013) Abdallateef Khader Abdallateef Sedda; Prof. Ahmad mobarak; Dr. Raed Naerat
This study came to address the constitutional and democratic develop-ments in the Turkish political system after the emergence of the Turkish Republic in 1923, and how it was successive Turkish constitutions, especially the 1961 Constitution and the 1982 Constitution legally constitute an anchor to limit democracy and restrictions on public freedoms , The pursuit continued to ban political parties that are contrary to the principles of secularism through the Constitutional Court at times, and through the army and military coups, and the big powers granted to the national security council at other times, but the big development has occurred on the Turkish political system since 2002,the same year came as the Justice and development Party to power, where the party managed to bring about the development of democratic and constitutional large; seemed evident from the constitutional and legal amendments that had a significant impact on public freedoms and political life which rebounded during this short period. In my adopted this descriptive historical analytical approach, addressing previous constitutions Turkish and characteristics, the most prominent material that came to ensure the control of the military on various aspects of Turkish political life, and emerged through the study of the role of the ruling Justice and Development Party in the promotion of the concept of democracy, and increase the margin of freedom through successive constitutional amendments, and through put new and modern Turkish Constitution keep pace with the times, combining tradition and modern civilization, conservative and Turkish culture. And led reform steps undertaken by the Justice and Development Party to decline the role that was played by the Constitutional Court and the military suppression of freedoms and the absence of values of progress, prosperity and democracy after the control spirit of military coups on Turkish society, to witness Turkey during the period of the Justice and Development prospered economically, culturally and educationally as long as the Turks were looking .
The Crime of Refusing
(2013) Shaker Mustafa Saed Bsharat; Dr . Fadi Shaded
This study aims to learn about the crime of omission which harm the rights of others and threatening human and knowledge of their elements and some of the penalties imposed for offences to refrain from both the Jordanian Penal Code No. 16 of 1960 or the code of criminal procedure no. 3 of 2001 and also a Clarify whether or not dissuasive sanctions and clarify the shortened the seriousness of this crime on individuals and society to try to find a way or a mechanism for them because they are considered disabled in construction Psychological society and a barrier to taking pictures and individual selfishness and indifference and talked about the problems posed by this study which is a crime and elements and do not imagine getting a general problem was not what the legal nature of the crime of omission and for answers to this problem we follow the descriptive analytical . So we through our consideration to the subject of the crime of omission to clarify the difference between positive crime to which is done by the person to come out of the crime came into existence and the adverse crime by refraining any refrain from any act that may do to humans and this is the subject of my letter, I'm talked about the legal nature of the crime of omission of the subject of importance to clarify the mystery behind this crime and the nature of criminal conduct that characterizes the crime abstain positive crime A negative behavior which is different in nature from the positive behavior and discussed the concept and types of criminal behavior as well as doctrinal concepts to explain criminal behavior through the natural and we discussed the elements of the crime of omission through the material, moral and its pillars described elements of each corner and all this in chapter I to the letter . In the second chapter, we talked about the legal regime for the crime of omission by contributing to negative criminal and criminal liability for taken up an act of others contributing original negative and contribute to negative dependency and clarify views denying the existence of dependency and negative contribution views acknowledge contributing to negative dependency and talked about the basis and conditions for criminal liability for Act of others as well as addressing the scope of criminal responsibility and the unintentional & intentional crimes and ended our mission in chapter III, dealing with the crime of omission and clarify photos these photos and the possibility of launching and removes specified By mystery shrouded the crime of omission of risk to individuals and society We talked in the same chapter of some applications for the crime of omission such as refraining from selling a commodity priced or refrain from advertising as well as to refrain from providing assistance with the doctor to meet the patient and other applications for this crime and we have a lengthy search for the terms of Palestinian courts have not been able to get only One provision from Nablus Magistrate's court is which attached in this message and we talked in this message about the results we gathered her through this modest research which Explained to us the crime abstain better . And we have the ability to distinguish between them and the positive crime that there should be clear provisions on crimes of omission as well as emphasis on penalties for such crimes until no one of impunity as well as prosecutors move and accept failure as the crime complaint complaints on the subject of crime of omission little to our several Palestinian courts and couldn't find the special provisions in the crimes of omission .
Crimes Reflected On Family
(2011) Waseem Majid Ismael Daraghmah; Dr. Fadi Shaded; Dr. Mohamed sharaqa
Family crimes have been in two discussed chapters: the first chapter of crimes fall on the family by it’s members have been divided into two categories: crimes that threaten the lives of individuals and the crimes that affect the honor of the family. In the second chapter of crimes that fall on outside of the family members, crimes that affect the unity, manner of the family, and crimes of abuse by family members. I estimated that the crimes that fall on a family it’s members are more serias than crimes that fall on the family from outside it’s members because the victim feels safe and sauces because he is living with the offended within the family, therefore it threatens the integration of the family and underminer it’s stability. I have noticed that the Jordanian legislator Penal Code. No 16 0f 1960 punishment law has punished for these crimes but not sufficiently a deterrent to achieve the objective behind the criminalization knowing that this type of crime continues to grow steadily so we must have more severe punishment than that to become one of felonies but not midemeanor’s. That criminalyes all crimes which overlooked an act criminalised homesexuality and lesbianism which is widely spread in our society because such act’s when committed are considered by the prosecution as a crime of indecent assault and not a crime of homosexuality or lesbianism. So we see that these is a legislators gap in the Penal Code No 16 of 1960 which is applied in Palestine and must be evaded by punishing those who commit such act’s. In the second Chapter we have noted that there are many crimes that fall from out if the family members and affect it’s solidarity and manner and are also an assault on the freedom of family members. In this area we see that the legislator must punish severally the crimes committed against children and teenagers and need case of their family by violating their freedom as they are of most serious crimes that threaten the family sustain and it’s security. If the Palestinian legislator continues in applying the Penal Code No 16 of 1960 there shald be modification an this text of the law to keep pace with the developments of life and the needs of the Palestinian society properly. In the area of crimes that affect the ethics of the family such as the crime of aelultey and spoil of wedloch as well as crimes to massage contract, we noticed the existence of palaces and legislative gap and thalore recommended the need for legislative amendment to these provisions. These is an urgent need to modify some autides especially 279 and 281 which are elated to massage contract. The law text legislates that its not allowed to sometime a massage contract in manners that violates the Othman family rights law No 61 of 1976 that is still applied in our Palestinian land so that the criminalization of each crime is incompactly with the personal status law of the husband and wife in addition to the omission of the legislator to certain acts slating to massage contract which our slating considers to be crimes because of the acts lihe an acts of massage a girl or a teenier force or under threat as well as non – payment of alimony which is criminalized by the majority penal laws in most countries of the would and it this area the legislator has to emphatics penalties because its great danger to both family souelty.
Criminal Appeal Verdicts
(2015) Yousef Nassri Ahmad Zraqi; Dr. Nail Taha
The Palestinian legislator, in the Code of Penal Procedures, had rounded the parties of the penal case, especially the accused, with much of the fundamental guarantees at all stages of the case so as not to condemn an innocent or release a guilty of punishment. Despite that, the penal judgment may be issued coupled with injustice or fraught with a mistake, human justice is not absolute as long as the penal judge who rules between people is a human being just like them, in this description he is not infallible for slippage or falling into the error, and the parties of the case may not be comfortable with his decision. Therefore, the law created ways to reconsider the rules by certain dates and procedures, which are ways to challenge the penal provisions. The reason in all appeal hypotheses of provisions is one, namely, the possibility of a judge being in the wrong as a human, and not being infallible in his wrong or defective application of the law provisions . This study has addressed the issue of ways to appeal penal provisions and the legal framework governing the process of appeal of penal provisions in Palestine through extrapolation of the legal texts relating to this matter, given in the law of the Palestinian Penal Procedures No. (3) for 2001 and the comparison in some cases with other legal systems. The researcher also reviewed the previous studies and explanations of the views of the judiciary on the subject of the study, and the researcher will depend on the provisions of the courts in this matter, particularly the Palestinian and Egyptian Cassation Court and the Jordan Cassation Court, where the researcher devoted an introductory chapter to talk about penal provisions, in three basic sections, in the first section, the researcher dealt with the types of penal provisions, in the second section he dealt with the correctness of the penal provisions and the conditions necessary for that, and in the third section he discussed the evidence contained in the penal judgment. In the first chapter of this thesis the researcher dealt with the ordinary ways to appeal in the penal provisions in two sections where he addressed in the first part, the appeal in provisions by objection, in accordance with the provisions of the law of the Palestinian Penal procedures and compared laws and he clarified the provisions applicable to objection , its procedures and the effects resulting from it in terms of the fall of the default judgment, re separation in the case and not to cause damage to the demurrer as a result of his objection. In the second section, the researcher dealt with challenging the appeal and research in its scope and its procedures and its implications, the most important of which is stopping the implementation of the judgment of the Court of First Instance.
A Critical Study in the General Assembly Resolutions 181, 194 Related to the Palestinian Issue
(2008) Ahmad Hasan Abu Ja'far; Dr. Basel Mansour
This study deals with the General Assembly resolutions 181,194 related to the Palestinian Issue. It studies the mentioned resolutions from the conditions they were issued and their effects on the region in general and particularly on the Palestinians. The researcher studies the special legal dimension of these two resolutions, the foundation of the Israeli State and the international recognition of Israel which was a result of the resolution issued by the United Nations. The introductory chapter of this study is dedicated to the Zionism, , its ideology and also Bazel conference which was held in 1897 in Switzerland. The most important resolution of Bazel conference was to establish the national homeland for the Jews in Palestine. The mentioned conference urged the Jews leaders to make the Ottoman Turks accept that request, but sultan Abdul Hameed rejected the temptations of the Jews leaders. In addition, the researcher investigates the European interference in Palestine; that interference was obviously clear through Before declaration. The study investigates the legal value of that declaration. That mentioned declaration was the strangest in the world, because George Arther Belfour, the Foreign Affairs Minister of Great Britain, promised the rich Jew, Rocheld to establish a Jewish state on the territories of Palestine. That declaration occurred in 1916 when Palestine was still under the Ottoman Turks control and Great Britain doesn’t possess Palestine. I also discuss the General Assembly resolution "3379" which considers the Zionism a kind of racism, that resolution was taken in 1975,and it was cancelled in 1991 by the General Assembly itself. In the introductory chapter, I study the discussion of the Palestine issue in the United Nations. I also discuss the transfer of the Palestine issue to the United Nations. That step was taken by Great Britain and the USA governments. The United Nations decided to send a special committee to Palestine to investigate the situation there. That committee was called UNSCO Pthe United Nations Special Committee on Palestine. The committee submitted a special report about its investigation in Palestine. I point out that the United Nations violated its convention when it issued the division resolution of Palestine, because the Arabs formed the majority of the population of Palestine in that time, and so they had the right to decide their destination. Besides, the United Nations isn’t legally entitled to impose such resolution on the Palestinian people. The first chapter is dedicated to study the different attitudes towards the General Assembly division resolution, and the legal value of such resolution. I study the Palestinian and the Arab attitudes towards that resolutions. The division resolution was rejected both by the Palestinians and the Arab Governments. The British Government was pleased when the division resolution was issued by the General Assembly, because the Palestine issue was considered a big burden on Great Britain during that period. The British mandatory in Palestine commented, ' we accept the division resolution 181, and we will do our best to implement its items. If we want to talk about the USA attitude towards the division resolution, the USA supported the division resolution at first, but after a short period, the USA Government changed its mind and suggested a temporary guardianship on Palestine. But as soon as Israel announced its independence by the Jew leader, David Bin Gurion, the USA announced its recognition of the new born state. That recognition was in sharp contrast with its previous situation. I study the effects of the division resolution on the Palestinians and the General Assembly capacity to take such decision, and also the legality of Israeli foundation. The division resolution had dangerous effects on the Palestinians, especially the immigration of the Jews to Palestine, and the dismissal of the Palestinian people from their homeland, Palestine. As for the capacity of the United Nations to take such resolution, it is obvious that article 2 from the United Nations Convention prevents the UN from interfering in the independent states internal affairs. I also study the legality of Israel foundation. Israel depended on religious and historical claims, but these claims dont give Israel the right to establish its state on the territories of Palestine. The second chapter is dedicated to the General Assembly resolution "194" related to the right of return for the Palestine refugees , the compensation for those who don’t want to return and the right to self-determination. I also study the Israeli and the Palestinian attitudes towards that right, the Palestinian refugees, the foundation of the UNRWA and the legal value of the United Nations resolutions on Palestine. The Palestinians reject to abandon that mentioned right. As for the Israeli attitude, Israel has been rejecting that right and its doesn’t depend on legal bases, but it depends on the Israeli vision which says that the return of the Palestinian refugees will threaten the survival of the Jews. The second chapter deals with the criticism of the right of return for the Palestinian refugees and the possibility to apply this right in the future. The right of return is guaranteed by the international law. Most of the legal experts say that the right of return is applicable as it depends on the rules of the international law and it won’t threaten the survival of Israel. I also study the obstacles and hardships which prevent the right of return for the Palestinian refugees from being implemented. I elaborate the recommendations to achieve the right of return for the Palestine refugees, and I believe that the right of return should be open for any Palestinian who wants that. In conclusion, I see that Israel has a historical opportunity to live in peace with the Palestinians and its neighbors in the Arab world, and Israel should catch the mentioned opportunity. But Israel can do that if it implements the international resolutions to give the coming generations the hope and the chance to live peacefully on the holy land of Palestine.
Designation in public job/comparative study
(2014) Jakleen Tahseen Omareiah; Dr. Mohamed Sharaqah; Dr. Basel Mansour
The study has addressed designation in public job, where designation provisions have been studied through looking in the general requirements of designation. Such as, nationality, age, fitness, and literary validity, In addition to private requirements, such as scientific and technical efficiency, perform military service or exempting from, and the loyalty to public job. The study has also addressed the designation methods like free and direct method, election method, and functional competitions method. And the study concluded a determination of functional statues such as, experience, transforming, and the end of service. The study concluded a set of results such as the freedom of restricted management in choosing public officials, stressing the comparative laws in the public and private requirements in designation, considering functional competitions fairer and more equitable in the selection of public officials. And the Palestinian law has not referred to the maximum age of the person who will occupy the public position, and the job has confined to the nationality of Palestinians or Arabs. The Palestinian basic law of 2005 and the Palestinian civil service law of 1998 and its amendments in 2005 have treated the designation provisions. The study has reached a set of recommendations such as giving the administration greater flexibility in the selection of public officials, activating the administrative supervision in the selection of public officials, adopting the functional competitions method in the selection, and not relying on the good behavior when designation and replace it with non condemnation.
Detention in Palestinian Criminal Procedure
(2007) Mohammad N. Weld Ali; Dr. Na'el Tahoa
This study deals with the preventive Detention (Detention) in the light of the Code of Palestinian Criminal Procedure and its modified articles including the articles of Remand procedure. The study discussed many subjects are contacted the main topic of this thesis. The study introduced the definition of Remand according the linguistic, scholarly, religiously and legally, despite of the differences between all of the scholarly definitions but they agreed that the main concept of Remand is: Arrest the accused person for a period of time until the end of investigation under the conditions and controls that established by the law. But because the law used the expressions of remand and arrests, the study used the Remand as the meaning of arresting the accused person for a period of time until the end of investigation under the conditions and controls that established by the law. It is preferable to use one and specific legal terminology to unify the legal procedures between Gaza Strip and West Bank. This study distinguished between the Remand and the similar procedures such as, the distinct between the administrative detention and Remand in related with the definition, authorized authority and the period. The study talked about the historical developments of the concept of Remand during the ancient Egyptian era, Roman era and Islamic law (Shareaa) which was and still the most important legislative resource in Palestine. In addition to the international treaties and legitimacy. In the chapter tow, the study discussed the legal adaptation of Remand through discussion the principle of presumption of innocence which suppose the innocence of the person until proven otherwise, by final pronounced judgment that the person is guilty, then conciliation between all of this and Remand, and the distinct between the Remand and punishment. The study introduced the justification to arrests some person without final condemnation judgment, some of these justifications are: To calm the public opinion, preventing the accused fleeing, and the preservation of evidences which it might be destroyed or covered by the accused person if he/she stayed free. In addition to the preservation of the accused from the retaliation and to implement the punishment against the accused in case of guilty. In the second part the study discussed the objective conditions of arrest which are: the Crimes that allow executing the arrest against the accused according two categories, first one takes magnitude penalty if the Crime committed a felony or a misdemeanor punishable by more than six months, the criterion of residence which allows the arrest of the offender with unknown residence. The second condition, Presented by the need for a sufficient indications and reasonable reasons for the issuance of arrest warrant. Presented in the third requirement which is the arrest period it shown the standards that explained the length of stay (Remand or arrest) In terms of setting a maximum of arrest, it indicated how long can the jurisdiction Law enforcement and The Public Prosecutor arrest the accused person, The term can Magistrate issues an order as well as the Court of first instance. It presented at third subsection the Formal conditions to issue the decision of arrest and which authorized authority can issue the warrant of arrest and the necessity of question before the arrests, causing a decision of arrests and the implementation arrest warrant during a certain period, the evidences that contained in the arrest warrant which is The name and description or the position of the issuer of the arrest warrant, the endorsement on the decision by the formal stamp, The details of the accused, The charge that attributed against the accused, The specific article of the legal charge, the period of arrests, the accused address and the Commissioning of The superintendent of the prison to imprison the accused person. In the third chapter, it presented the end of the arrests or remand by the releasing as shown the definition of release and its considerations, the specialized authority, the types of release which contains, the mandatory release that enforced by law, The Jawazi release which issues by the public prosecutor or the court upon the self initiative or upon the accused request. It explained the Suspension release with guarantee, in addition to the definition of it and its conditions and how could be evaluated. At another subsection, it presented the effects of arrests which including the Counted of arrest period from the final judgement and the opinions of scholars about this. It discussed Re-arrest the accused again but it should be conditioned with causing decision and new situations. At third subsection, it talked about Control over the legality of the arrest decision that will be by the jurisdiction initiative or upon of the accused request. It presented how the detainee treatment should be and what the rights that should be given for the detainee according the international, Palestinian principles and laws. At the conclusion, it reached for general conclusions about all this research with some proposals to modify some formulation of some Palestinian articles in the Criminal Procedure law to afford more guaranties for the human beings and individual freedom.
Disciplinary Authority Between the administration and judiciary (Comparative study)
(2011) Abeer T. Abu Kishk; Dr. Mohammed Shraka; Dr. Ghazi Dweikat
This thesis addresses the disciplinary authority of both management and administrative justice to the public officials who are subject to the Law of Civil Service. It also deals with the conditions under which public employee discipline can be enforced. The thesis concluded the penalties which affect the employee in case the offense attributed to him has been proved right, and who is entitled to carry out these sanctions. What guarantees are granted to the employee in order to ensure achievement of a just and fair sentence implementation according to the legal framework represented in the law articles issued by the Palestinian National Authority dealing with this topic. In Part two, the thesis also deals with the disciplinary authority granted by the laws of the administrative judiciary, whether this authority is carried out independently as with the Egyptian legal system or in a Rejoinder to the disciplinary management decisions as is the case in the Palestinian legal system. This study is important as it is one among the very few studies that dealt with Palestinian public employee discipline (general staff). It depends on the description and analysis of legal texts, the jurisprudence and the judiciary concerning this issue and comparing them with their similar issues in the Egyptian legal texts. As we know the Egyptian administrative law is the only Arab law which authorizes the Administrative Judiciary to discipline independent public employee through the disciplinary courts in addition to taking the presidential disciplinary system into consideration. Finally, the researcher concludes several findings and recommendations aimed at moving forward in the improvement and development of legislation in the field of public employee discipline and the implementation of the decisions of the Supreme Administrative Court on behalf of right and justice to both management and staff.
The Effectiveness of the Human International Law in the International and internal Armed Conflict
(2009) Qysay Mustafa Abdul- Kareem Tayem; Dr. Fady Qasem Shadeed; Dr. Muhammad Sharaqa
The purpose of this study is emerged from the necessary need for protecting the human being and meeting his survival everywhere and every time in order to make him feel safe and security . Also، to insure his freedom and dignity. The enlargement of the range of human rights is reflecting on the rules of the Human International Law which is the branch of the general international law . This law which is connected widely with the human being has contributed to the humanity by saving millions of people who respect it and follow its orders. The main aim of this law is saving people and properties during armed conflicts. Moreover، the rules of this law restrict the parties in conflicts from choosing the fighting techniques that terminate millions people as a result of using the advanced technical weapons. The above mentioned law was founded a century ago ،but the purpose in this respect was to commitment of anther the signed parties on their obligations in addition to enforcement of these rules among the parties who have already involved in several armed conflicts. Accordingly، it was necessary to define the Human International Law which is A group of international rules based on international treaties that aim to solve the human problems caused by international and non- domestic armed conflicts . Moreover ، these rules limit for humanity reasons the rights of fighting parties in using several war techniques . Or they protect affected people suffered from armed conflicts The Human International Law has a firm rules derive from the international norms and agreements، particularly (Geneva and Hague Law 1949). For achieving the study purpose, it was divided into introduction, three chapters and conclusion. The introduction emphasizes the summary of the Human International Law and its development throughout history in order to clarify the progressing of the human concepts during this development. Chapter one clarifies the kind of protection offered by the law for the benefit of the civilian، sick، wounded and war prisoners, specially , who suffer severely from the different armed conflict. Chapter two, on the other hand، deals with the right for protecting private، religious، cultural and environmental properties essential for saving lives of the civilians throughout avoiding them the effects of war. Moreover، the necessity of distinguishing between military and non- military targets which are not allowed to be targeted during the military actions. Finally، chapter three contains several important subjects like the effectiveness of enforcement the procedures of this law، the international criminal responsibility achieved by the law and the International Criminal Courts and there domains. According to the theoretical stud based on descriptive and analytical method along with several studies and documents dealing with the subject the researcher conclude that there is a shortage in enforcement of this law shouldered by the signed countries on adopting a clear mechanism for this enforcement. Also، this law needs all international support in order to achieve its purposes.
Exceptional Authorities for the Executive Power in the Palestinian Legal System
(2014) Eiad Jalal Wasfy Takrory; Dr. Mohamed Sharaqah
The importance of this study emerges from the attempt to demonstrate the given authorities for the executive power of both the cabinet and the PNA chief . Also, the study aims to clarify the executive authority respect of the Palestinian adjusted basic law ( 2003) which is implemented in Palestine as the general reference for legislation, execution and judgment. The statement of problem is the clarifying of legal framework of the adjusted law of(2003) in which the executive authority practices it's given authorities during the exceptional circumstances and the clarifying the effects of these authorities on the basic guarantees of the human rights because these authorities can't be practiced except in the necessity and emergency cases . Moreover, the statement of problem demonstrates if there are restrictions about limiting the executive power authorities in these exceptional circumstances such as monitoring them by the legal and legislative inspection . For achieving the study object , descriptive and analytical method has been used. The study consists of two chapters, the first one discussed the duties of the executive authority during the exceptional circumstances . The given authorities have been detailed such as explaining the necessity conditions , the estimation of them by the PNA chief,decision- making conditions by rules during the necessity circumstances and the legal value of these decisions . Also, chapter one included the given authorities for the executive power in the emergency cases conditions , rules and human rights guarantees. On the other hand, chapter two discussed monitoring the executive power duties during the exceptional circumstances with its two sides legislative and legal monitoring . The study results showed that the adjusted Palestinian basic law of ( 2003) has given the executive poer some authorities during the exceptional circumstances such as ( According to Act (43) and (110) of the adjusted basic law of 2003) establishing legal legislatives in the necessity and certain procedures can't be taken in the emergency cases in order to prevent the state in case of hazards . Finally, several suggestions have been recommended such as the importance of finishing the splitting- out between the two sides of home which affects the Palestinian legal situation widely , announcing the meeting of the Legislation Council which has the important role for the legislative reform of the legal system and calling for presidential and legislative elections as soon as possible .

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