Constitutional Oversight over the Legislative Inattention in the Palestinian Constitution
Abstract
This study examined the constitutional oversight over the legislative inattention in Palestinian legislation. The findings revealed some cases of the legislator's silence and legislative failure in many of the legislations in force in Palestine. The legislator addressed some issues without detailing all of their provisions which led to a legislative inattention. This study aimed to identify the philosophical and legal foundation that allows the Supreme Constitutional Court to monitor the legislative inattention. To achieve the study's objectives and solve its problems, the researchers relied on the descriptive-analytical approach. The study included two themes. In the first chapter, the researchers reviewed the role of the Constitutional Court in monitoring the legislative inattention in Palestine. The study concluded with a set of results, the most important of which was that Palestinian legislation, in its different forms, is tainted by several forms of the legislative inattention, which requires verification. The study also emphasized the necessity of the effective oversight role of the Supreme Constitutional Court in this field regarding the discretionary authority of the constitutional jurisdiction in monitoring the legislative inattention. The researchers concluded a set of recommendations, the most prominent of which was conducting a comprehensive review of all Palestinian legislation, especially those that affect the public right and the rights of individuals, and addressing aspects of the legislative inattention.
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Authors
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