Journal articles on the topic 'Palestine. Supreme Court'
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1
Harnon, Eliahu. "Criminal Procedure and Evidence." Israel Law Review 24, no. 3-4 (1990): 592–621. http://dx.doi.org/10.1017/s0021223700010104.
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Once upon a time there was a lawyer who was most familiar with the rules of criminal procedure and of evidence in force in mandatory Palestine in May 1948. One day in June 1948, the lawyer disappeared. Some say he fell into a deep sleep for many years. Only after the passage of forty years he awoke.Turning to and fro, he will immediately recognize the Ottoman building that houses the courts in Jerusalem's Russian Compound. He will also feel at home with the basic hierarchy of the judiciary: two courts of first instance—magistrates' and district—and no intermediate court of appeal between the district level and the Supreme Court.
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Panepinto, Alice M. "Jurisdiction as Sovereignty Over Occupied Palestine." Social & Legal Studies 26, no. 3 (September 23, 2016): 311–32. http://dx.doi.org/10.1177/0964663916668002.
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In the context of prolonged occupation, it has long been argued that the Israeli Supreme Court (ISC), in High Court of Justice (HCJ) formation, is facilitating the entrenchment of a permanent regime of legalized control by moving away from a model of exception to ordinary civilian jurisdiction over the West Bank. This was recently demonstrated in the Khan-al-Ahmar case, in which a group of settlers petitioned the ISC/HCJ demanding the execution of a pending Israeli demolition order over a school in a Bedouin village in Palestine. The court sided with the army, deferring to a political solution for the transfer of the entire Bedouin community elsewhere. Drawing on existing scholarship and the author’s first-hand impressions of the final hearing, this article interprets the Khan-al-Ahmar case as an illustration of how the exceptional military nature of the occupation has shifted to a permanent regime of legalized control overseen by an ordinary civilian court.
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Likhovski, Assaf. "In Our Image: Colonial Discourse and the Anglicization of the Law of Mandatory Palestine." Israel Law Review 29, no. 3 (1995): 291–359. http://dx.doi.org/10.1017/s0021223700014692.
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My story is full of holes. The first hole, or rather, ditch, was dug in 1930 by the municipality of Haifa. An Arab, Dr. Caesar Khoury, fell into the ditch and fractured his shoulder-blade.Could Dr. Khoury recover? The law of torts of mandatory Palestine was found in the Mejelle — an Ottoman code of Moslem civil law. Did the Mejelle provide a remedy in the case of personal injury? “Unfortunately,” said Judge Francis Baker, who delivered the opinion of the Supreme Court of Palestine, “the Mejelle dealt with liability for damages caused by animals to property, but it was ‘silent’ with regards to injuries caused to persons”. Therefore, Dr. Khoury could not recover.The second hole in my story belongs to a Jew, Feivel Danovitz. In 1939, Danovitz was run down by a truck in Tel Aviv. He sued the driver and the owner of the truck. The lower courts of Tel Aviv decided that if the Mejelle did not deal with liability for personal injury, that meant that there was a hole in the tort law of Palestine. Such a hole could be filled by recourse to the English common law in accordance with the provisions of Article 46 of the Palestine Order-in-Council, 1922. Since the English common law recognized liability for personal injury, Danovitz could recover.
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Hamad, Ahmed M. A., Rachma Indriyani, Ammar M. Mahmoud Al Ramadan, and Riska Andi Fitriono. "Separation of Powers in the Palestinian Law: Does it Reflect the Democratic System? (A Comparative Approach with Indonesia)." Lex Scientia Law Review 6, no. 2 (December 20, 2022): 265–98. http://dx.doi.org/10.15294/lesrev.v6i2.58038.
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The principle of separation of powers among the three organs of government i.e., the Legislative, Executive, and Judiciary are one of the main pillars of the democratic system. This principle guarantees a balance of powers between these three organs. However, in Palestine, the issue arises as a result of a lack of commitment from these organs to practically apply this principle in accordance with the Palestinian Basic Law of 2003. Nevertheless, in Indonesian Constitution of 1945 has stated that is a democratic country with the foundation of a separation of powers. In addition, the practice in Indonesia shows that there is various constitutional mechanism to split the power. The objectives of this article are to examine the practice of separation of powers in Palestine and Indonesia and to harmonize the theoretical and practical aspects. In order to achieve these objectives, doctrinal legal research using the qualitative approach was engaged. Findings show that the principle of separation of powers was not fully practiced in Palestine between the three organs, especially the Executive and there is an absence of constitutional oversight. This article recommends that the role of the Palestinian Supreme Constitutional Court be activated to monitor all three governmental organs to ensure that this principle is fully implemented.
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Harpaz, Guy, and Arie Reich. "Israeli-Palestinian Trade Relations Before the Israeli Supreme Court: The Case for an FTA." Journal of World Trade 57, Issue 4 (August 1, 2023): 593–608. http://dx.doi.org/10.54648/trad2023024.
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The Israeli Supreme Court recently delivered a judgment regarding a trade dispute between a Palestinian importer and Israeli trade authorities. The court relied on a trade agreement between the State of Israel and the Palestine Liberation Organization (PLO) (the ‘Paris Protocol’) of 1994 and concluded in favour of the Israeli authorities, based on a formal reading of the agreement. After analysing the judgment and concluding that its ruling is correct according to the prevailing law and trade agreement, this article suggests that the judgment underscores the fact that the Customs Union model used to regulate contemporary trade relations between the parties is inadequate. It further argues that a Free Trade Agreement would be a better model, which would allow the Palestinian Authority (the ‘PA’) to take responsibility for its trade policy, design a trade policy that would fit its needs, and promote more equal, reciprocal relations between the parties. Along with other democratic and governance reforms within the Palestinian Authority, such a model could reduce its economic dependence on Israel, improve diversification, support economic development, and reduce the concern for fiscal leakage connected to the current trade agreement. The article also calls for strong anti-corruption measures to be implemented within the Palestinian Authority to achieve these goals. Overall, the article highlights the need for a new trade agreement that promotes economic growth and development for both parties.
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Harlow, Barbara. "Palestine: Kan Wa-Ma Kan?" Diaspora: A Journal of Transnational Studies 7, no. 1 (March 1998): 75–85. http://dx.doi.org/10.3138/diaspora.7.1.75.
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Too many memories? Difficulties of diaspora? Or lapses in memory? The spring of 1998 marked the passage of fifty years of nakba, the historic Palestinian “catastrophe.” Israel celebrated the season as an anniversary, commemorating the fifty elapsed years of its statehood. The short-lived “peace process” initiated in the preliminary if protracted negotiations in Madrid in 1990, which were abruptly concluded in their displacement to Oslo, was once again “stalled.” Israeli prime minister Benjamin Netanyahu announced plans to expand the boundaries of West Jerusalem, in a move clearly designed to add to the pressures on Arab East Jerusalem and predetermine the “final status” talks of the process by decisively altering both the topography and the demography of greater Jerusalem. And the Israeli Supreme Court referred the highly controversial issue of the legalized torture of Palestinian prisoners back to the Knesset for further determination. What had happened to the “human rights,” and their universal declaration, that were also being commemorated in the year 1998, in celebration of the passage in 1948 of the United Nations Universal Declaration of Human Rights? According to Article 5 of the Declaration, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” And under the terms of Article 13, “Everyone has the right to leave any country, including his own, and to return to his country.” Additionally, according to Article 15, first, “Everyone has the right to a nationality,” and second, “No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” What then was happening in Palestine, to the Palestinians, in the spring of 1998 when these anniversaries came up?
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Erakat, Noura. "Interview with Omar Shakir." Journal of Palestine Studies 49, no. 4 (2020): 127–37. http://dx.doi.org/10.1525/jps.2020.49.4.127.
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In late November 2019, the Israeli Supreme Court upheld the Ministry of Interior's order to deport Human Rights Watch (HRW) director for Israel and Palestine, Omar Shakir. The court based its decision on a 2017 amendment to Israel's 1952 Entry into Israel Law enabling the government to refuse entry to foreigners who allegedly advocate for the boycott of Israel. The same law was invoked to deny entry to U.S. congresswomen Rashida Tlaib and Ilhan Omar in the summer of 2019. The campaign against Shakir began almost immediately after he was hired by HRW in 2016, and the court's decision marked the culmination of a multi-year battle against the deportation order. In this interview, JPS Editorial Committee member, Rutgers University professor, and author Noura Erakat discusses the details of his case with Shakir in an exchange that also examines the implications of the case for human rights advocacy, in general, and for Palestinians, in particular. The interview was edited for length and clarity.
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Esq., Allegra Pacheco. "The Israeli Supreme Court Case on Israeli Quarrying Licenses in the West Bank: Why a Second ICJ Advisory Opinion on Palestine is Needed." Palestine Yearbook of International Law Online 17, no. 1 (2014): 57–82. http://dx.doi.org/10.1163/22116141-01701005.
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Liviev, N. M., and O. N. Zimenkova. "Familial and Marital Law of the State of Israel: Premises of the Establishment and Development." Moscow Journal of International Law, no. 3 (October 5, 2022): 89–99. http://dx.doi.org/10.24833/0869-0049-2022-3-89-99.
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INTRODUCTION. Israel is a diverse and controversial state. Its laws, especially those of the area of family and marital law, are distinctly unique. The reason being that throughout its centuries-long history Eretz Israel (the Land of Israel) – the historical name of the country, the structure of norms of this branch of law has gone through a set of changes under different political regimens. The government ruling over this holy land at a certain time period was to some extent influencing current social order and the lives of Jewish people, including such aspect as the performance of religious rituals.Considering the specificity of traditionalistic norms of Judean legal system attempts of influence on it from the outside have always been a big challenge. Those norms had to be strictly followed as it was of utmost importance for the conservation of the Jewish communities, Jewish culture and its authenticity, which for centuries has been challenged by many in attempts to modify, discriminate and even irradicate it. Hence, in this article the authors examined the most notable periods of the existence of Jewish communities in Eretz Israel. Inter alia there is an analysis of rules and measures introduced by the ruling system under the Ottoman Empire (from year 1517 to year 1917), of decrees present under the Mandate of Palestine (1922-1948), of the Israeli Declaration of Independence in 1948 and of current legislation. MATERIALS AND METHODS. The article isbased on the current Israeli legislation which concerns familial and marital relations, as well as on traditional religious code of rules and obligations “Halakha” which is still in action in Israel’s society. In the article Ottoman and British-Palestinian legislation is mentioned which was in force during the corresponding historical periods of time. It is also stated that the majority of the legislative acts in the area of familial and marital relations follow the principles of the International law, the rulings of the Supreme court of Israel are made according to the norms of International law and, among other things, in consideration with the Convention on the Elimination of all Forms of Discrimination Against Women of 1979. For the achievement of result general and specific scientific methods of research were applied, in particular historical-legal and comparative-legal methods of study. RESEARCH RESULTS. Research result consists in presentation of current Israeli familial and marital legislation and other religious traditional rules review. It is well-proven that despite the strictness of the Judean traditions, according to the clauses of the Israeli Declaration of Independence 1948, Israel being a Jewish state is also a modern and democratic one. Democratic principles of equality and humanism prevail in cases where in the proceedings regarding marital and family affairs where the rights of one of the parties are violated, every citizen of the state of Israel can appeal to the Supreme Court and the Supreme Court of Justice seeking a justified sentence and protection of one’s interests. Therefore, the result of the integration of the legal principles typical for democratic countries and the traditional norms of Judaism current legal system of the state of Israel was created. The mechanism of this system comes from the respect for the traditions whilst the main principles of democracy are also followed, namely those of justice, equality and humanism. This is what makes the legal system of Israel unique in every aspect, including the norms of familial and marital relations which integrate both traditional implementations and modern aspects. DISCUSSION AND CONCLUSIONS. In the frames of the present research study the authors found that familial and marital law of Israel is based on norms of the Religious law, on a special code of rules and obligations called – “Halakha”. From the standpoint of the development of law and practice, a certain role was played by the procedural rules introduced in the territory of Eretz Israel during the period of Ottoman Empire. English law had a certain influence on the development of Israeli law in general during British Mandate of Palestine. Modern Israeli legislation in the field of marriage and family relations is based on and takes into account international agreements to which Israel is a party.
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Afdha Lardo, Mohamad. "THE OCCUPYING POWER ACCORDING TO THE INTERNATIONAL HUMANITARIAN LAW: CASE STUDY IN GAZA STRIP." Padjadjaran Journal of International Law 4, no. 2 (April 12, 2021): 170–91. http://dx.doi.org/10.23920/pjil.v4i2.410.
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Abstract
Conflict in Gaza Strip involving Israel and Palestine has continuously attracted international concerns. Under the strict authority of Israel, humanitarian issues materialize in the strip as Gaza’s inhabitants undergo crises including energy and subsistence while Israel fails to fulfill the basic needs of the people. In 2007, Jaber Al-Bassiouni Ahmed with his associates sought legal remedy to the Supreme Court of Israel to clarify their rights inhabiting the Gaza Strip. The purpose of this article is to explain whether international humanitarian law could be implemented to the occupying power of Israel in Gaza Strip and elucidate the limitation of the occupying power regarded by the law. Achieving this explanation requires a qualitative legal approach. It emphasizes on documents scrutiny using the perspectives of primary, secondary, and tertiary laws. The research result shows that under the regime of international humanitarian law, “alien occupation” is the key to regulate the Gaza Strip against the regime of the occupying power by Israel. The one-year rule in the Case of Gaza Strip indicates that Israel held the occupying power of the territory as not only did Israel act as a controller but also it participated in the physical activities to regulate the lives of Gaza residents in addition to the limitation of the functions of Palestinian Authority posed by Israel.
Keywords: Gaza Strip, International Humanitarian Law, Occupying Power
Abstrak
Konflik di Jalur Gaza yang melibatkan Israel dan Palestina terus menarik perhatian internasional. Di bawah kekuasaan Israel, isu humaniter mencuat di jalur tersebut karena penduduk Gaza mengalami krisis energi dan mata pencaharian, sementara Israel tidak memenuhi kebutuhan dasar hidup penduduk tersebut. Pada tahun 2007, Jaber Al-Bassiouni Ahmed bersama rekan-rekannya mengajukan tinjauan hukum kepada Pengadilan Tinggi Israel untuk mengklarifikasi hak-hak mereka sebagai penduduk di Jalur Gaza. Tujuan penelitian ini adalah untuk menjelaskan apakah hukum humaniter internasional dapat diterapkan dalam kasus penguasa pendudukan di Jalur Gaza oleh Israel dan menjelaskan batasan kekuasaan pendudukan tersebut. Pendekatan kualitatif hukum berbasis studi dokumen dengan perspektif hukum primer, sekunder dan tersier digunakan dalam penelitian ini. Hasil penelitian ini membuktikan bahwa di bawah hukum humaniter internasional, “pendudukan asing” menjadi kunci regulasi yang dapat diterapkan di Jalur Gaza di bawah resim penguasa pendudukan yakni Israel. Aturan “Satu Tahun” di jalur tersebut menunjukan bahwa Israel memegang kendali wilayah tersebut karena Israel tidak hanya bertindak sebagai pengontrol melainkan juga melakukan kegiatan fisik untuk mengatur kehidupan masyarakat Gaza juga membatasi fungsi-fungsi autoritas Palestina.
Kata Kunci: Hukum Humaniter Internasional, Jalur Gaza, Penguasa Pendudukan
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Krylov, A. V. "Jewish extremist and terrorist organizations in Israel." Journal of International Analytics, no. 1 (March 28, 2017): 99–115. http://dx.doi.org/10.46272/2587-8476-2017-0-1-99-115.
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This article is an extension of the research material published in the previous issue of the Journal “International Analytics” (2016, vol. 3 (17), p. 45–58), and focused on the activity of the Jewish paramilitary groups in Palestine before the establishment of the State of Israel in 1948. Originally the conspiratorial Jewish extremist organization opposed the policy of the Jewish immigration restraint which had been carried out by the socialist countries, especially the USSR. Some ultra-Orthodox groups, such as the Union of Zealots, used openly the terrorist methods in the struggle against the development of Israel as a secular and democratic state. After the war of 1967 and the Israeli occupation of the Arab territories the orthodox-nationalists, who formed the vanguard of the “Movement for Greater Israel”, created an underground network of extremist armed organizations. From the beginning, the activities of these groups were contrary to the Israeli Law on the Fight against Terror. The term commonly used for the Jewish underground groups in Hebrew is “mahteret”. There have been several dozen groups of this kind in the history of the Israeli settlements movement. The most famous of them are “Kach” (“Thus”) and “Kahane Chai” (“Kahane Lives”).The initiator and inspirer of the “Jewish Underground” was an American Orthodox Rabbi Meir Kahane. He founded a political settlement party “Kach” which had legally existed until in 1988 a ban on the list of its candidates in the parliamentary elections was imposed by the Supreme Court of Israel because of the accusations of the denial of the democratic character of the state of Israel and the promotion of racism. The activities of both organizations were declared terrorist and banned in the USA and some other countries.The article analyses religious, philosophical and political routes of the modern ideology of Israeli orthodox nationalists who participate in the settlement movement on the occupied Arab territories as well as the illegal activities of the most famous parties and organizations supporting the policy of the extension of the Israeli jurisdiction over the occupied Arab territories.
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Klein, Claude. "La jurisprudence de la Cour suprême à l'épreuve du conflit israélo-palestinien." Confluences Méditerranée N°54, no. 3 (2005): 41. http://dx.doi.org/10.3917/come.054.0041.
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Awawda, Osayd. "Courts' Politics in Palestine: How the Supreme Court Reacted to Authoritarian Behaviors?" SSRN Electronic Journal, 2014. http://dx.doi.org/10.2139/ssrn.3015146.
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Awawda, Osayd. "Palestine." Yearbook of Islamic and Middle Eastern Law Online, March 15, 2022, 1–7. http://dx.doi.org/10.1163/22112987-12340007.
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Abstract Since 2007, the overall situation in Palestine has been in constant decline on almost all levels: the rule of law, economy, political stability, human rights, and social security. The main reason for this decline is the vicious continuance of the state of emergency following the parliament’s suspension in 2007 and its dissolution by the Supreme Constitutional Court in December 2018. President Abbas (Abu Mazen) is still maliciously exploiting the state of emergency to maintain his grip on power and preserve his clique cohesion. This was noted in two significant events that have taken place in the last year: the assassination of the political and human rights activist Nizar Banat, and the postponement of the parliamentary and presidential elections.
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Samuel, M. T. "The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel's highest court." International Journal of Law in Context, November 22, 2021, 1–19. http://dx.doi.org/10.1017/s1744552321000598.
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Abstract This paper assesses the functioning of law and legal institutions in Palestine/Israel through the lens of settler colonialism by analysing two thematically interconnected decisions issued by the Supreme Court of Israel, the first involving the starvation of besieged Palestinian civilians and the second involving the force-feeding of Palestinian prisoners. Following a discussion regarding the role of law in settler colonialism, it proceeds to argue that the Court enabled, legitimised and legalised state-sanctioned violence that targeted the native Palestinian population by and through a jurisprudence of elimination in order to facilitate the attainment of Israeli settler-colonial objectives. By so doing, the paper provides further evidence in support of the appropriateness of settler colonialism as a theoretical framework for the case of Israel, including in legal matters.
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"The Life of the Law in Palestine: The ABC of the OPT: A Legal Lexicon of the Israeli Control over the Occupied Palestinian Territory Orna Ben-Naftali." International Dialogue 8, no. 1 (November 2018). http://dx.doi.org/10.32873/uno.dc.id.8.1.1151.
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Through an accumulation of laws rather than by military means, a particular misery is intensified and entrenched. This slow violence, this cold violence, no less than the other kind, ought to be looked at and understood. (Cole 2015: 19) In September 2018, Israel’s Supreme Court confirmed that the planned eviction and demolition of the small West Bank village of Khan al-Ahmar, originally authorized by the Court earlier in the year, should go ahead. The residents of that village are Palestinian Bedouin who had been expelled by the Israeli state in 1952 from their original lands in the Naqab desert. Six decades on and that state, as a colonizing regime in occupied territory, asserts that the community can no longer stay in the home they had made in Khan al- Ahmar. The community maintains that this home is on land owned by Palestinians long pre-dating Israel’s entry to the West Bank in 1967. The Supreme Court refused to accept these ownership credentials, and instead upheld the government’s position that the land had become “state-owned.” As such it can be designated for civilian colony usage should the state so wish. The Israeli state had announced a plan in 2012 to relocate the community elsewhere, and demolished a number of structures in the village between 2015 and 2017. Khan al-Ahmar is of particular significance because of its location in the “E1” corridor which, if settled, would allow a contiguous Jewish-Israeli presence to stretch from Jerusalem all the way across the center of the West Bank. After the Supreme Court ruling, Israeli settlers descended on the area singing in triumph at having redeemed the land. Defense Minister Avigdor Lieberman similarly approved: “Khan al-Ahmar will be evicted! I commend the judges of the court for a brave and necessary decision in the face of hypocritical attacks orchestrated by Abu Mazen, the left and European countries. No one is above the law. No one will prevent us from exercising our sovereignty.”1
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Berman, Lila Corwin. "How a Citizen Becomes an Alien: Three Cases of American Jews and Citizenship Lost, Regained, and Lost Again." Modern American History, October 26, 2022, 1–23. http://dx.doi.org/10.1017/mah.2022.18.
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In the second half of the twentieth century, three Jewish men were stripped of their American citizenship after spending significant time in Palestine/Israel and engaging in statutorily defined “expatriating acts.” Integral to the doctrine of liberal citizenship, in fact, were illiberal mechanisms of individual and categorical exclusion from citizenship intended to protect the sovereignty of the nation-state. These mechanisms gained particular expression in state agents’ deliberations about the citizenship status of Jews, especially after the establishment of Israel. The emergence of dual citizenship as a legal possibility—the result of a 1967 Supreme Court ruling that overturned the expatriation of one of the men considered here—reveals the shifting ambitions of American state power, while also exposing the enduring ways in which U.S. government entities, from Congress to administrative agencies to the courts, justified the state's power to transform citizens into aliens.
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Jaradat, Mohammed. "Subsidiary payment in accordance with the amended Palestinian Supreme Constitutional Court Law No. 3 of 2006: A comparative study." An-Najah University Journal for Research - B (Humanities), January 2023, 97–125. http://dx.doi.org/10.35552/0247-037-001-005.
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The Palestinian Supreme Constitutional Court is considered an independent judicial body as Palestine adopts the centralization of judicial form over the constitutionality of laws and resolving conflicts between the three main authorities arising from practicing their competences according to the law of Palestinian Supreme Constitutional Court No. 3 of 2006, and based on it the Supreme Constitutional Court was formed on April 3, 2016. The importance of this study is that it talks about one of the most important ways that ensures the respect of public rights and freedoms, and preserving constitutional legitimacy through judicial questioning for the legislative authority when it exceeds the legal limits, which is based on and conforming the legislation issued by it to the provisions of the constitution through excluding and cancelling the texts which are not constitutional. The study deals with subsidiary defense before the Supreme Constitutional Court in the first section. It focuses on the subsidiary payment by explaining its concept in accordance with the provisions of the Supreme Constitutional Court laws and stating what is meant by the seriousness of the payment and by defending of seriousness and stating the conditions that must be met to consider the payment serious. The study also talked about the limits of the authority of the subject court in its assessment of the seriousness of the payment, and what controls it is subject to – the subject court- when assessing the seriousness of the payment. The second section talks about the effects of the subsidiary defense before the court and the consequences of the defense. The study concluded to a set of findings which asserted on the subsidiary defense as it is the most used method for examining the constitutionality of legislations, especially after forming the Palestinian Supreme Constitutional Court. In the end, the study concluded that the aim of the sub-push should not be to prolong the duration of the conflict. It also recommended the necessity of setting a decisive criterion for the concept of seriousness. تعتبر المحكمة الدستورية العليا الفلسطينية هيئة قضائية مستقلة، حيث تأخذ فلسطين بمركزية الرقابة القضائية على دستورية القوانين وحل الصراعات بين السلطات الرئيسة والناشئة عن ممارسة كل منها لاختصاصها المنوط بها، وذلك طبقا لقانون المحكمة الدستورية العليا الفلسطيني رقم 3 لسنة 2006، واستندا له شكلت المحكمة الدستورية العليا الفلسطينية بتاريخ 3 ابريل 2016. وتكمن أهمية هذه الدراسة بأنها تبحث إحدى أهم الطرق التي تكفل احترام الحقوق والحريات العامة، والحفاظ على المشروعية الدستورية من خلال المسائلة القضائية للسلطة التشريعية في حال تجاوزها للحدود القانونية والتي تؤسس على مطابقة التشريعات الصادرة عنها لأحكام الدستور، منى خلال استبعاد وإلغاء النص المحكوم بعد دستوريته. وتناولت هذه الدراسة الدفع الفرعي امام المحكمة الدستورية العليا الفلسطينية، حيث تناولت الدراسة في المطلب الأول منها ماهية الدفع الفرعي من خلال بيان مفهومه وفقا لما نص عليه قانون المحكمة الدستورية العليا وبيان المقصود بجدية الدفع من خلال تحديد معنى الجدية وبيان الشروط الواجب توافرها لاعتبار الدفع جدي، كما بينت الدراسة حدود سلطة محكمة الموضوع في تقديرها لجدية الدفع، وما هي الضوابط التي تخضع لها – محكمة الموضوع – عند تقديرها جدية الدفع. أما المطلب الثاني فقد خصص للبحث في الاحكام والشروط التي تحكم الدفع الفرعي أمام المحكمة الدستورية العليا، وأيضا بيان الاثار المترتبة على الدفع الفرعي أمام المحكمة وما ينتج عن ذلك الدفع. واختتمت هذه الدراسة بذكر مجموعة من النتائج التي توصلت اليها والتوصيات التي ترى أهميتها، حيث أكدت على أهمية الدفع الفرعي باعتباره أكثر الوسائل استخداما لبحث دستورية التشريعات وخصوصا بعد تشكيل المحكمة الدستورية العليا الفلسطينية. وفي النهاية توصلت الدراسة الى ضرورة ان لا يكون الهدف من الدفع الفرعي إطالة أمد النزاع، كما أوصت بضرورة وضع معيار حاسم لمفهوم الجدية.
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"Book Reviews." Israel Studies Review 23, no. 1 (June 1, 2008): 125–43. http://dx.doi.org/10.3167/isf.2008.230107.
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Yehuda Bar Shalom, Educating Israel: Educational Entrepreneurship in Israel’s Multicultural Society Review by Yehuda Jacobson and Diana LuzzattoJames Gelvin, The Israel-Palestine Conflict: One Hundred Years of War Review by Ziva FlamhaftSharon Lang, Sharaf Politics: Honor and Peacemaking in Israeli-Palestinian Society Review by Madelaine AdelmanUssama Makdisi and Paul A. Silverstein, eds., Memory and Violence in the Middle East and North Africa Review by Vered Vinitzky-SeroussiAssaf Meydani and Shlomo Mizrahi, Public Policy between Society and Law: The Supreme Court, Political Participation, and Policy Making Review by Guy SeidmanIlan Peleg, Democratizing the Hegemonic State: Political Transformation in the Age of Identity Review by William SafranAlon Tal, Pollution in a Promised Land: An Environmental History of Israel Review by Oren PerezDavid A. Wesley, State Practices and Zionist Images: Shaping Economic Development in Arab Towns in Israel Review by Dan Bavly
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AHMED M. A. HAMAD, AHMED O. K. HOSNIA, CHAMI YASSINE. "THE ENFORCEMENT OF ELECTRONIC ADMINISTRATIVE DECISION AND THE EXTENT OF ITS APPLICATION IN PALESTINE AND JORDAN." Russian Law Journal 11, no. 6s (April 7, 2023). http://dx.doi.org/10.52783/rlj.v11i6s.1524.
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Electronic management means a set of administrative activities that depend on the internet at all levels of public administration. The transformation of the procedure from paper-based into electronic pillar has impacted the administrative decision. Therefore, the administrative decision has become issued by electronic procedures and relies on the electronic pillar based on paper or document. This led to the emergence of new legal terms, such as the electronic administrative decision. However, several legal questions have arisen about the legality of electronic administrative decisions and their legal effects. And what is the moment in which the electronic administrative decision is considered to have been issued and effective? This paper aims to demonstrate the legality of the application of the electronic administrative decision in Palestine and Jordan. To achieve the research objectives, a qualitative legal research approach has been adopted. The primary and secondary data have been both utilized in this research to help answer the research question. Findings show that the Palestinian and Jordanian legislation has not prevented the administration from expressing its will by using modern technological means; also, the legislator has not required the issuance of the decision to be written or verbally. The authors recommend activating the role of the Supreme Court of Justice. Besides, make some amendments to the Palestinian decision No. 15 of 2017 regarding electronic transactions and Jordanian law in the Electronic Transactions Law No. 15 of 2015 to keep pace with this development.
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"B Swiss Case Law Swiss Federal Supreme Court Bundesgericht, I. zivilrechtliche Abteilung, 4A_462/2018, Urteil vom 4. Juli 2019, A.AG gegen 1. State of Palestine, (alias Palestinian Authority), 2. B. C." ASA Bulletin 37, Issue 3 (September 1, 2019): 649–65. http://dx.doi.org/10.54648/asab2019057.
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Hamad, Ahmed M. A., Emad Mohammad Al Amaren, Omar Farouk Al Mashhour, Kukuh Tejomurti, Haslinda Binti Mohd. Anuar, and Rohizan Binti Halim. "The judicial control over the constitutionality of laws in the State of Palestine." Legality : Jurnal Ilmiah Hukum 28, no. 2 (September 6, 2020). http://dx.doi.org/10.22219/ljih.v28i2.12900.
Full textAbstract:
This article aimed to explore judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation. The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research using the legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts. In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyze the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy.