Abstract
This study examined the constitutional oversight over the legislative inattention in Palestinian legislation. The findings revealed some cases of the legislator's silence and legislative failure in many of the legislations in force in Palestine. The legislator addressed some issues without detailing all of their provisions which led to a legislative inattention. This study aimed to identify the philosophical and legal foundation that allows the Supreme Constitutional Court to monitor the legislative inattention. To achieve the study's objectives and solve its problems, the researchers relied on the descriptive-analytical approach. The study included two themes. In the first chapter, the researchers reviewed the role of the Constitutional Court in monitoring the legislative inattention in Palestine. The study concluded with a set of results, the most important of which was that Palestinian legislation, in its different forms, is tainted by several forms of the legislative inattention, which requires verification. The study also emphasized the necessity of the effective oversight role of the Supreme Constitutional Court in this field regarding the discretionary authority of the constitutional jurisdiction in monitoring the legislative inattention. The researchers concluded a set of recommendations, the most prominent of which was conducting a comprehensive review of all Palestinian legislation, especially those that affect the public right and the rights of individuals, and addressing aspects of the legislative inattention.
Keywords
References
- Abdel Hasan, Ziena, Ali, Mohamed (2019) The Role of the Constitutional Jurisdiction in Protecting Public Rights and Freedoms, Journal of Political Issues, Al-Nahrain University, No. 57.Google Scholar ↗
- Abdel-Wahhab, Mohamed Refaat (1992). Constitutional Law, General Constitutional Principles. The Egyptian Constitutional System, Al Maaref Foundation for Printing and Publishing, Cairo.Google Scholar ↗
- Abdel-Wahhab, Mohamed Refaat (2008). Constitutional Oversight, "Theoretical Principles and Fundamental Applications", New University Publishing House, Alexandria.Google Scholar ↗
- Abu Ali, Saed (2019). The Nature of Constitutional Oversight over Subsidiary Legislation in the Palestinian Basic Law, Journal of Legal and Political Sciences, Al-Quds University, No. 7.Google Scholar ↗
- Al-Awadi, Samer (2010). Unconstitutionality of Laws in Jurisprudence and the Judiciary of the Supreme Constitutional Court, Publications House, Alexandria.Google Scholar ↗
- Al-Ghafloul, Eid (2003). The Idea of the Non-Passive Jurisdiction of the Legislator, Dar Al-Nahda Al-Arabiya, Cairo.Google Scholar ↗
- Al-Mur, Awad (2003). Oversight the Constitutionality of Laws in their Basic Features, Rene Center, Jean Dewey for Law and Development.Google Scholar ↗
- Al-Rimawi, Abdul-Malik, Salim, Hassan, (2022) Legislative Inattention and the limitations of the Constitutional judge’s Oversight, I want International Journal of Humanities and Social Sciences, Volume 4, Issue 8.Google Scholar ↗
- Al-Salman, Abdulaziz (1994). Oversight over the Constitutionality of Laws, Ph.D. Thesis, Ain Shams University. Egypt.Google Scholar ↗
- Al-Salman, Abdulaziz (1998) Constraints of Constitutional Oversight, Library of the Faculty of Law - Mansoura University.Google Scholar ↗
- Al-Salman, Abdulaziz (2013). Oversight over Inattention in the Constitutional Judiciary, research published on 01/09 on the official website of the Federal Supreme Court, Iraq. On the link: http://www.iraqidevelopers.com/iraqfsc/ar/node/315Google Scholar ↗
- Al-Shawabkeh, Muhammad (2012). Oversight of Refraining from the Constitutionality of Laws, Dar al-Thaqafa, Amman, 1st edition.Google Scholar ↗
- Al-Sinnari, Muhammad (2001). The General Theory of Constitutional Law and Contemporary Political Systems, Al-Israa Press, Egypt.Google Scholar ↗
- Azzawi, Abdel Rahman (2010). Monitoring the Passive Behavior of the Legislator, Legislative Inattention as an ESxample, Journal of Administrative and Political Legal Sciences, Faculty of Law and Political Sciences, University of Abu Bakr Belkaid - Tlemcen -, Algeria, No. 10.Google Scholar ↗
- Darrag, Osama (2020). Oversight of the Constitutionality of laws in Palestine, ibid.Google Scholar ↗
- Hosni, Bodiar (2003). The Brief in Constitutional Law, Dar Al-Ulum for Publishing and Distribution, 1st Edition, Algeria.Google Scholar ↗
- Kilali, Zahra (2013). Legislative Inattention and Constitutional Oversight over it, Master Thesis, University of Abu Bakr Belkaid, Tlemcen, Algeria.Google Scholar ↗
- Salim, Issam (2000). The Constitutional Judiciary Position from the Sources of Law, Manshaat Al-Maaref, Alexandria.Google Scholar ↗
- Salman, Samir (2019). Legislative Inattention and the Possibility of Imposing Oversight over it in Iraq, Volume 21, Number 4, Faculty of Law, Al-Nahrain University.Google Scholar ↗