أثر المساعدات الأمريكية على القضاء الفلسطيني the American aids donated to the Palestinian Judiciary system

Date
2007-11-28
Authors
شرحبيل يوسف سعد الدين الزعيم
Sharhabeel Yousif Saad El Deen Al-Zaeem
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Publisher
AL-Quds University
جامعة القدس
Abstract
This study aimed to studying the American aids donated to the Palestinian Judiciary system. To achieve this goal, the researcher has studied all relevant references such as (books, articles, studies, magazines, interviews … etc.). Moreover, the researcher used the hypotheses methodology and the analytic method so as to obtain scientific results which could be useful to the Palestinians and their issue. The results of this research study showed that the Palestinian Judiciary suffers from several accumulated problems and needs a lot of reform in all fields. This reform should be covered whether by the Palestinian Authority's budget or from the aids given by the foreign donors to the Palestinian authority... The study has also showed that the American aids have helped partially in covering some of the needs of the Palestinian Judiciary. This study shows the following: It is not logical to ask the judiciary in general, and the judges in particular, to apply justice, if they feel injustice, as the budget of the Judiciary is not enough at all and must be raised to guarantee the independence and sufficiency of the judiciary  Judiciary must be given respect and solemnity that all other systems in the Palestinian Authority should feel the distinct position of the judiciary. This solemnity is achieved through material and moral factors. One of the most important material factors is the establishment of modern new buildings designed and equipped specially for courts where litigants feel the majesty of the place.. Moreover, the decisions issued by the Judiciary Authority should be respected by both the executive and the legislative authorities which would be reflected on all Palestinians.  The respect to judiciary is achieved through the prompt execution of its decisions.  Specific budgets should be allocated for the development of the judiciary system in addition to trying to obtain unconditional support for it.  Fixing the required amount of external aid because additional unnecessary aid may give way to donors' sovereignty and may disrupt the goals.
It is important to seek different resources for donations and to enhance the Arab and Islamic role as they possess the required political and the economical capability.  Making thorough examination to all offers of aids given by different countries in order to be acquainted with all dimensions of those offers.  The researcher recommends establishing a specialized office supplement to the high judiciary council where a number of technical and administrative staff should work on preparing a strategic plan to develop the Palestinian Judiciary System and estimating the necessary needs for the judiciary system in accordance with the Palestinian plan not through the priorities of the donor countries. This same office should take care of  discussing the necessary budget and secure obtaining it whether through donations or from the Palestinian National Authority Budget, sparing the judges, who should be dignified and honored this task  The researcher recommends that the judiciary council should activate the judiciary inspection and performance monitoring department of the courts in order to deal with problems directly so as to avoid complications.
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Keywords
الدراسات الاقليمية, Regional Studies
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