قراءة في أحكام المحكمة الدستورية
Date
2020-08-28
Authors
حاتم محمد ديب شاهين
hatem .M.D. shaheen
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
The Palestinian Constitutional Court is a recently established court formed on 31/03/2016 after the Supreme Court was performing its functions in settling constitutional disputes. In the light of the division and the end of the Palestinian natural legitimacies due to lack elections, the formation of the Constitutional Court sparked criticism of many interested people and civil society institutions; however, the Constitutional Court has become a reality that has the power to decide on constitutional legality and the interpretation of laws. The study is divided into two chapters. The first chapter includes the definition of the stability and contradiction in constitutional appeals. In this regard, unlike the Supreme Court in its constitutional capacity, we can say that the Constitutional Court was completely stable in its application of the terms of the constitutional appeals. However, this stability was not always in the constitutional legality. The second chapter highlights the stability and inconsistency in interpretative decisions. We find that the contradiction was evident in the rulings issued in the interpretive requests, whether it was related to the interpretation of the written rules, or it was related to the silence of the constitutional legislator. the Constitutional Court had interpreted the same constitutional rule more than once and reached contradictory results. As for
the constitutional court’s dealings with the silence of the constitutional legislator, the constitutional court considered that its mandate to interpret extends to filling the legislative void. This was evident in the determination of the status of international treaties in the domestic legislation system and the mechanisms for its integration despite the legislator's silence on this; however, this interpretation was also not stable.