الحماية الدستورية لضمانات المحاكمة العادلة دراسة مقارنة
Date
2013-05-04
Authors
لينا محمد فهاد صبري الشلالدة
Leena Mohammad Fahhad Sabri Shalaldi
Journal Title
Journal ISSN
Volume Title
Publisher
AL-Quds University
جامعة القدس
جامعة القدس
Abstract
The facts and the data of the contemporary life are reflected at all
levels, including the Palestinian Basic Law, which necessitated to reconsider
and revise many of the procedural- traditional rules in order to come out from
the molded formalities. These rules are often unable to achieve the moral
purpose which they have been enacting for. Therefore there is an evitable
need for setting a wide range of guarantees which should be provided for the
perpetrator in order to achieve a fair –natural trial.
The public guarantees for human rights in a fair trial goes out to the
extent in deference to general principles and set of the rules in the
Palestinian national legislations regional legislations and international
legislations and their strong affect to ensure human’s right in a fair trial.
These rules and general principles are precept of independence of the court,
precept of natural specialization of the subject case and, finally, precept of
justice in the courts.
This study aims to compare the guarantees for fair trial set out in the
Palestinian Basic Law with those in the developed countries, which their
regulations are based on the protection of rights and freedoms. It also
highlights some of the negative aspects of those laws, which raise questions
about the similarities and the differences between the laws of these countries
on one hand and the Palestinian laws on the other hand. This means, there
should be scrutiny and detection over the extent of the guarantees, in practice,
according to the Palestinian Basic Law and laying recommendations to
overcome them.
The methodology that is used in this research is comparative
descriptive analysis, conducted by selecting and determining the rules of a fair
trial in the national legislation and comparing them to other national and
international organizations.
The constitution is the base of all other legislations. Furthermore, it is
the source of powerful basic protections. The basic guarantees provided to an
accused person stem from the constitution. Hence, constitutional law protects
the accused person from any violation to his/her right to fair trial by state
authorities, most importantly the judiciary and the executive authorities.
The current study has found great deficiencies in the mechanisms that
guarantee fair trial. For example, one can notice that there is a complete
absence of accountability regarding those who violate rules of fair trial.
Therefore, there is a need to activate the Constitutional Court in Palestine
since it is the primary guarantor to the protection of human rights.
Description
Keywords
القانون , Law