The Principle of Legality In the Administrative Law and the Guarantees of Application

Discussion Committee: 
Dr. Mohammad Shoraqa - Supervisor
Dr. Mohammad Shalaldeh - External Examiner
Dr. Fadee Shaded - Internal Examiner
Dr. Mohammad Shoraqa
Fade Naim Jameel Alawna
I have dealt with the study subject of the principle of legality in administrative law and guarantees of application , where he gave the researcher the beginning of the light to determine the meaning of this principle in light of administrative law and then try to focus on the most important sources, which derives from this principle, its roots, showing the researcher to the most important of these sources by breaking them into written sources, which are represented in the Palestinian Basic Law and introductions constitutions, as well as in legislation issued by the Palestinian Legislative Council, and administrative regulations issued by the Council of Ministers in implementation and interpretation of these laws. As well as temporary laws issued in the form of resolutions of the law, as well as treaties and international agreements. Turning researcher then to the sources is written to this principle, which was the custom start and the general principles of law, judicial decisions, between and through these sources, the most important sources and the most commonly used to highlight the source of legitimacy and to identify its features away from what will happen to him from the ambiguity in the selection. The researcher then went through the second section to the scope of the principle of legality, and among the most important concomitant of this principle of parallel theories constitute a restriction on this principle or an expansion in terms of reference for management in the presence of such theories. Select the researcher and by addressing the most important theory of the discretion inherent in this theory of the terms and conditions and the extent of these actions are subject to the control of the administrative judiciary. And also addressed the theory of exceptional circumstances, and among the most important conditions that must be met in order to go, saying the existence of this theory, and hence the subject of work issued on the basis of this theory to the control of the administrative judiciary. And had to be addressed also to the theory of sovereignty, and to identify the Palestinian position of this work, and examine whether these activities are subject to the control of the administrative judiciary, after the researcher identified a range of these acts and to identify the most important concomitant of the provisions and rules that address its progress in light of the legal system Palestinian. While the researcher dealt with the subject theory of immunization legislature a registration last on this principle, and the attitude of the Palestinian Basic Law on this legislation, and try to identify deficiencies and differences in the laws issued after the issuance of the Palestinian Basic Law, which did not comply with stands, the inadmissibility of vaccination decisions of certain administrative and non- passport provision in the law to do so. As in Chapter II of the study, the researcher dealt with the most important safeguards that ensure respect for the principle of legality and that was the beginning of the realization of the principle of separation of powers, and was a result of the application of the emergence of these guarantees. Was where these guarantees must be the realization of the control of the management. Eating researcher and by showing the most important types of control methods of control of non-judicial, which is found in the oversight of public opinion and the media, and through which the media's role in determining control. Also, they also control assemblies, and through them and select the most important provisions that bind these councils, their control on government and its work, then went on to control the political parties trying to determine the legal position of the existence of the Palestinian political parties and therefore the presence or not under control. Then determine the work of the Financial Inspection Office and the Palestinian administrative, and identify regulatory powers under the Palestinian Basic Law and the Law on Financial and Administrative Control Palestinians. The study also the subject of oversight by the judiciary, and identified the judicial status of the Palestinian applicable, in accordance with the provisions of law and in accordance with the provisions of the Palestinian High Court, and demonstrated the shortcomings and weaknesses in the presence of administrative law independently handles administrative disputes before the Palestinian High Court, and then finally set this study the best way to control the judiciary, with the way the need for the rest of the species even before the regulatory system be comprehensive and integrated approach. This study finally to a number of conclusions and recommendations on the regulatory level and at the legal and practical
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