صلاحيّات المحكمة الدستورية الفلسطينيّة في حل المجلس التشريعي: دراسة تحليلية مقارنة
The Palestinian political system and its legal components have just been established, including the Palestinian Constitutional Court. This court has issued a judicial decision to dissolve the Palestinian Legislative Council which has sparked a significant backlash in legal circles between its sup...
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| Summary: | The Palestinian political system and its legal components have just been established,
including the Palestinian Constitutional Court. This court has issued a judicial decision to
dissolve the Palestinian Legislative Council which has sparked a significant backlash in legal
circles between its supporters and opponents. This issue was studied to find out the reasons
behind the court's decision, which was found to clearly violate the law and the constitution.
The objective of this research is to find out the nature of the Palestinian political system,
explain the legitimacy of the right to dissolve the Legislative Council, explain the mandate of
the Constitutional Court to dissolve the Legislative Council and analyze and evaluate the
procedures and reasons for the Constitutional Court to dissolve the Legislative Council. This
research uses the method of comparative analysis With Egyptian law to evaluate and divide
the research problem into main elements and examine and compare the similarities and
differences in the formulation of the constitution. The importance of this research lies in the
fact that it is considered the first of its kind in Palestine, because it presents many proposals
for several components of the Palestinian political system, including the Palestinian state in
the stability of the Palestinian political system, and the Palestinian judiciary, which is
considered a legal problem raised before the Palestinian judiciary and have a different point
of view. For legislators, since Palestine does not have a constitution, this study aims to help
draft a future constitution for the State of Palestine for the Constitutional Court, which
clarifies its powers according to the constitution and the law. This study serves to purify and
empower the people's right to elect their representatives in the Legislative Assembly, ensure
the continuity of the Council's work, preserve its existence in accordance with the
constitution and the law, and prevent any party from overthrowing the will of the people.
This research uses and embodies the well-known democratic principle that "the people are the
source of power" and protects this principle and the right of the people to their democracy
and to elect someone to represent them in the Legislative Council. The Palestinian
Constitutional Court has violated the Palestinian Basic Law "Constitution", which states the
exclusive jurisdiction of the Constitutional Court in Article 103. The researcher concluded
with a number of recommendations, the most important of which is calling on the Palestinian
Constitutional Court to reverse its decision to dissolve the legislative court. |
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