اشكالية الرقابة الدستورية في فلسطين (دراسة مقارنة)
Date
2019-01-17
Authors
ابو زنط, سعد
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Volume Title
Publisher
ِAn-Najah National University
Abstract
It is obvious that juridical review in front of high constitutional court in Palestine is the most important constitutional principles which guarantee and respect various juridical roles from being violated by general authorities of the state. Also, it is considered basic guarantee for individuals' rights and basic freedom in the society. So, legal systems which concern protecting principles, rights and general freedoms through their constitutions worked to form particular board in order to review. Whether constitutional council or court in different juridical thought or legislative hereditary.
According to the Palestinian juridical system point of view, the review is pyramidal. The top of the juridical pyramid is the Palestinian constitutional supreme court which has the authority for reviewing the constitutional legislatives according to the Palestinian modified basic law (2003) statement (103) which has been organized according to law3, 2006 in order to guarantee the stability of juridical syste in Palestine in addition the guarantee and respect of the Palestinian basic law to achieve social, political and juridical purposes.
For this reason, this study aims to analyze and induce some particular principles about constitutional laws and review theories supporting and opposing the constitutional review and legal themes of different juridical systems, explaining juridical and political methods of reviewing constitutional laws in Palestine, the Palestinian constitutional supreme court, by legal organization such as forming, appointing mechanism, specialization and analyzing the court procedural organization by mechanisms of court contacting with the constitutional law case in addition to constitutional court limitations for reviewing on the legislations.
The study reached the aim, purposes and summing up some suggestions answering the study statement of problem and study questions. Furthermore, suggesting some recommendations contributing in developing the Palestinian constitutional experience model by analytical legal discussion according to some literatures and information related to constitutional juridical situation.
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Keywords
اشكالية الرقابة الدستورية في فلسطين (دراسة مقارنة)