الرقابة القضائية على أعمال الضبط الإداري للهيئات المحلية في فلسطين
جعفر عيسى صلاح جاد الله
Jafar Issa Salah Jadallah
Modern trends in state administration has had a great impact in developing the philosophy of local administration through local units to manage the affairs of the various regions in it, rather than focusing it in the hands of the central authority that would deprive the citizen of his democratic right to participate in the management of local interests as form of enhancing the concept of "local democracy". This is one aspect of the modern state based on the principles of democracy and human rights. The activities of the administration are generally divided into the management of public facilities and administrative control procedures, where the goal of administrative control is the protection of public order in society in its traditional and modern concept. And to ensure that the local administration complies with its administrative control goals. The administrative judiciary exercises oversight over the work of the local authorities’ control procedures in implementation of the principle of legitimacy to prevent them from exceeding the limitations of authority on one hand, and to protect individuals’ rights and freedoms on the other hand. The focus of this study revolves around providing an adequate response to the main problem represented by the following: How effective is judicial oversight over administrative control work for local authorities in Palestine? The first chapter deals with an analysis of the essence of judicial oversight over the administrative control work of local authorities, what they are, their goals and aspects of this control in normal circumstances, while the second chapter focuses on the essence of judicial control over the administrative control work of local authorities in exceptional circumstances, as well as the relevant manifestations and factors of limitations. The study is concluded with very important and specific results. Judicial oversight over the administrative control of local authorities is weak and insufficient. The study attributed this result to a number of causes and factors; most notably is the devastating effect of the brutal Zionist occupation on the local administration environment. That is in addition to the novelty of the Palestinian experience in the field of administrative judiciary and judicial oversight over the administrative control work for local authorities which was exacerbated by the dysfunctional Legislative Council which in turn wrecked the legal framework governing the work of administrative control authorities in Palestine. The study recommended holding Legislative Council elections urgently. The study also recommended amending the Law of Formation of Regular Courts in a manner that would adopt a two-stage litigation system. This study was based on highly accurate data and information in order to achieve its conclusion, goals and recommendations. The study adopted the descriptive approach, the analytical approach in its two aspects i.e. inductive and deductive, as well as the comparative approach in order to analyze and examine the comparative judicial decisions and rulings.