الرقابة القضائية على أعمال الضبط الإداري للهيئات المحلية في فلسطين
Date
2020-08-30
Authors
جعفر عيسى صلاح جاد الله
Jafar Issa Salah Jadallah
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
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.