Constitutional Oversight over the Legislative Inattention in the Palestinian Constitution

Abdelmalik Remawi

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.

References

1. Abdel Hasan, Ziena, Ali, Mohamed (2019) The Role of the Constitutional Jurisdiction in Protecting Public Rights and Freedoms, Journal of Political Issues, Al-Nahrain University, No. 57.
2. Abdel-Wahhab, Mohamed Refaat (1992). Constitutional Law, General Constitutional Principles. The Egyptian Constitutional System, Al Maaref Foundation for Printing and Publishing, Cairo.
3. Abdel-Wahhab, Mohamed Refaat (2008). Constitutional Oversight, "Theoretical Principles and Fundamental Applications", New University Publishing House, Alexandria.
4. Abu Ali, Saed (2019). The Nature of Constitutional Oversight over Subsidiary Legislation in the Palestinian Basic Law, Journal of Legal and Political Sciences, Al-Quds University, No. 7.
5. Al-Awadi, Samer (2010). Unconstitutionality of Laws in Jurisprudence and the Judiciary of the Supreme Constitutional Court, Publications House, Alexandria.
6. Al-Ghafloul, Eid (2003). The Idea of the Non-Passive Jurisdiction of the Legislator, Dar Al-Nahda Al-Arabiya, Cairo.
7. Al-Mur, Awad (2003). Oversight the Constitutionality of Laws in their Basic Features, Rene Center, Jean Dewey for Law and Development.
8. Al-Rimawi, Abdul-Malik, Salim, Hassan, (2022) Legislative Inattention and the limitations of the Constitutional judge’s Oversight, I want International Journal of Humanities and Social Sciences, Volume 4, Issue 8.
9. Al-Salman, Abdulaziz (1994). Oversight over the Constitutionality of Laws, Ph.D. Thesis, Ain Shams University. Egypt.
10. Al-Salman, Abdulaziz (1998) Constraints of Constitutional Oversight, Library of the Faculty of Law - Mansoura University.
11. Al-Salman, Abdulaziz (2013). Oversight over Inattention in the Constitutional Judiciary, research published on 01/09 on the official website of the Federal Supreme Court, Iraq. On the link: http://www.iraqidevelopers.com/iraqfsc/ar/node/315
12. Al-Shawabkeh, Muhammad (2012). Oversight of Refraining from the Constitutionality of Laws, Dar al-Thaqafa, Amman, 1st edition.
13. Al-Sinnari, Muhammad (2001). The General Theory of Constitutional Law and Contemporary Political Systems, Al-Israa Press, Egypt.
14. Azzawi, Abdel Rahman (2010). Monitoring the Passive Behavior of the Legislator, Legislative Inattention as an ESxample, Journal of Administrative and Political Legal Sciences, Faculty of Law and Political Sciences, University of Abu Bakr Belkaid - Tlemcen -, Algeria, No. 10.
15. Darrag, Osama (2020). Oversight of the Constitutionality of laws in Palestine, ibid.
16. Hosni, Bodiar (2003). The Brief in Constitutional Law, Dar Al-Ulum for Publishing and Distribution, 1st Edition, Algeria.
17. Kilali, Zahra (2013). Legislative Inattention and Constitutional Oversight over it, Master Thesis, University of Abu Bakr Belkaid, Tlemcen, Algeria.
18. Salim, Issam (2000). The Constitutional Judiciary Position from the Sources of Law, Manshaat Al-Maaref, Alexandria.
19. Salman, Samir (2019). Legislative Inattention and the Possibility of Imposing Oversight over it in Iraq, Volume 21, Number 4, Faculty of Law, Al-Nahrain University.

Authors

Abdelmalik Remawi
[1]
“Constitutional Oversight over the Legislative Inattention in the Palestinian Constitution”, Soc. sci. humanities j., vol. 6, no. 9, pp. 2887–2899, Sep. 2022, Accessed: May 19, 2024. [Online]. Available: https://sshjournal.com/index.php/sshj/article/view/821