Appealing in the Constitutionality of the Laws "Comparative Study"

Year: 
2012
Discussion Committee: 
Dr. Ghazy Dweekat / Supervisor
Dr. Na'el Taha / Co-Supervisor
Dr. Abdelmalek Al-Rimawi / External Examiner
Dr. Mohammef Sharaqa / Internal Examiner
Supervisors: 
Dr. Ghazy Dweekat
Dr. Na'el Taha
Authors: 
Zeed Ahmed Tawfeeq Zeed Al –Kailany
Abstract: 
The researcher starts his study about the legal control for the constitutionality of laws with a explanation for it ,and for its supporting and opposition ideas. Finally, he brought its advantages and drawbacks as an estimation for the constitutionality of laws. The introduction of this study discusses necessary backgrounds for controlling the constitutionality of the laws during which the appealing in the constitutionality of laws could be valid and could activate the constitutional case. Also, this introduction includes the conceptions of " constitution , the sublimity of the constitution, the differences between fixable and ridged constitution, the faith in legitimacy and the independence judicature. Chapter two includes the legal organization of the constitutional case in Palestine comparable with others . On other words, the legal frame organizing the work of the constitutional case. Background dealing with the nature of the constitutional case which has two characters, the former is material , the later is independent ; is included . Also, the second chapter includes the specialty of the constitutional court which has controlling in laws, paraphrasing the legal discourses and the authority for the judgment in conflicts dealing with legal specialty . The specialty of this court leads to the activation of the constitutional case in the Palestinian Supreme Constitutional Court throughout three major ways which are the connection with the constitutional case by subject judgment by transubstantiation, connection with the constitutional case by facing the constitutional court during the case and connection with the constitutional case throughout the original direct case. After the connection of the constitutional court with the case, constitutional infringement either formalistic or subjective should be assured. Chapter three includes the path of the constitutional case . The case starts during the planned procedures after meeting the legal conditions of the interest and the character. The procedures begins with applying for case, publication, preparing for investigation and pleading until the verdict after the legal formation for the court. The discussion, causing and publication stage starts until reaching the end of the bath by forming the verdict for the institutional case with its execution and correcting its material errors.
Full Text: 
Pages Count: 
171
Status: 
Published