مدى تأثير تطبيق مبادئ الحوكمة على أداء السلطة القضائية من وجهة نظر المحاميين الفلسطينيين
Date
2019-05-28
Authors
أريج تيسير رضا ماضي
Areej Tayseer Reda Madi
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Publisher
Al-Quds University
Abstract
This study aims to identify the impact of application of governance principles on the performance of the judicial authority from the view point of Palestinian lawyers. It also aimsto identify the role of variables such as gender, academic qualification, years of experience and workplace (governorate).
In order to achieve the objective of the study, the researcher used the descriptive associative method in data collection and analysis. The researcher also designed a questionnaire consisting of (66) paragraphs and divided into two parts as a study tool. The first part contains demographic information and the second part is divided into two axes.The first axis contains (the independent variables) which represent implementing the principles of governance in six areas: (disclosure and transparency, participation and accountability, independence, moral commitment, rule of law, justice and equality). The second axis contains (the dependent variable) which represents the performance of the judicial authority, and consists of three areas of measurement: (response and speed of adjudication, efficiency and effectiveness, electronic services). The researcher distributed the questionnaire to the study population and its sample which consisted of (298) practicing lawyers before the Palestinian courts in the country governorates of the West Bank. The sample of the study was chosen in random stratified manner, and after it was collected, then encoded, it was entered to the computer, and processed statistically using the statistical packages of social sciences (SPSS).
The results of the study indicated that there is a positive impact of the application of the principles of governance on the performance of the judicial authority from the point of view of the Palestinian lawyers, with a moderate degree of the application of the governance principles and performance of the judiciary from the point of view of the Palestinian lawyers. In addition, the results indicated the absence of statistically significant relationship due to variables of gender, academic qualification, years of experience and place of work (governorate) in the study sample.
In light of the study results, the researcher suggested a number of recommendations, the most important of which was enhancing the principle of disclosure and transparency through the publication of the annual budget (revenues and expenditures) by the judicial authority at the beginning of each year. As well as to publish their final accounts (actual expenses and details) after the end of each fiscal year. Additionally, strengthening the principle of accountability so that the judicial inspection system is given sufficient oversight role to control the work of the judges. As well, consolidating the disciplinary councils to hold judges accountable if they commit any error. The Palestinian National Authority, represented by the Presidency and the Government, should strengthen the independence of the judicial authority by granting it the administrative and financial independence stipulated in the Palestinian Basic Law, so as to limit the interference and domination of the executive authority and the security services in the work of the judicial authority; especially in the appointment of judges or in judicial decisions, as well as the need to raise the knowledge of Palestinian lawyers on governance, as well as to increase studies on this subject.
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Citation
ماضي، أريج تيسير. (2019). مدى تأثير تطبيق مبادئ الحوكمة على أداء السلطة القضائية من وجهة نظر
المحاميين الفلسطينيين [رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس.
https://arab-scholars.com/d07db0