Article Title

The Supervisory Jurisdiction of the Palestinian Constitutional Court Over Legislative Abstention: AComparative Analytical Study

Authors

عمر ح. التركماني Dr., PhD in Public Law - Deputy Attorney General for the State of PalestineFollow

Abstract

judiciary of refrain legislative refrain to treatment vacuity result of it, where i started from the main question, which is the extent of the limits of the Palestinian Constitutional Court in overseeing legislative refrain in case of lack an explicit provision authorizing it of this jurisdiction, in order to understand all aspects related this topic, we divided study into three sections.

In first section, we discussed what's nature of legislative refrain and motives of confronting it, as for the second section, we devoted it to talking about the limits of the Constitutional Court's authority to supervision legislative refrain, in third section, we reviewed the consequences of the rulings issued by the Palestinian Constitutional Court legislative refrain and the situation of the Legislative Council regarding them. Finally, we reached a conclusion that contained many findings and recommendations, we mention the most important of these results: Our Palestinian Supreme Constitutional Court derives its powers to monitor legislative abstention based on the principle of constitutional legitimacy, as it is a partner in making general legislative policies as dictated by its function in preserving the texts of the Basic Law and enforcing its rules, As for the most important recommendations, they were to direct an urgent appeal to our Palestinian legislator for the necessity to amend the Constitutional Court Law by explicitly stating the court's right to monitor legislative refrain, And setting the necessary controls to achieve a balance between the enforcement of the constitutional rules and the principle of separation of powers, As well directing a call to political decision-makers in the country to join the Venice Commission to benefit from experiences of other countries regarding the practices of the Constitutional Court to deal with legislative refrain.

Recommended Citation

التركماني, عمر ح. Dr. (2022) "The Supervisory Jurisdiction of the Palestinian Constitutional Court Over Legislative Abstention: AComparative Analytical Study," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 91: No. 91, Article 5.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol91/iss91/5