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An-Najah University Journal for Research - B (Humanities)

Abstract

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.

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