The Judicial Control over the Constitutionality of Laws in the State of Palestine

This article aimed to explore the judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconsti...

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Main Authors: Hamad, Ahmed M. A., Alamaren, Emad Mohammad Hussein, Al Mashhour, Omar Farouk, Tejomurti, Kukuh, Mohd Anuar, Haslinda
Format: Article
Language:English
Published: Faculty of Law, University of Muhammadiyah Malang 2020
Subjects:
Online Access:https://repo.uum.edu.my/id/eprint/31296/1/LJIH%2028%2002%202020%20158-168.pdf
http://dx.doi.org/10.22219/ljih.v28i2.12900
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author Hamad, Ahmed M. A.
Alamaren, Emad Mohammad Hussein
Al Mashhour, Omar Farouk
Tejomurti, Kukuh
Mohd Anuar, Haslinda
author_facet Hamad, Ahmed M. A.
Alamaren, Emad Mohammad Hussein
Al Mashhour, Omar Farouk
Tejomurti, Kukuh
Mohd Anuar, Haslinda
author_sort Hamad, Ahmed M. A.
collection UUM
description This article aimed to explore the judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation? The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research with using legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts..In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyse the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy
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spelling uum-312962024-08-20T12:14:19Z https://repo.uum.edu.my/id/eprint/31296/ The Judicial Control over the Constitutionality of Laws in the State of Palestine Hamad, Ahmed M. A. Alamaren, Emad Mohammad Hussein Al Mashhour, Omar Farouk Tejomurti, Kukuh Mohd Anuar, Haslinda K Law (General) This article aimed to explore the judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation? The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research with using legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts..In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyse the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy Faculty of Law, University of Muhammadiyah Malang 2020 Article PeerReviewed application/pdf en cc4_by_sa https://repo.uum.edu.my/id/eprint/31296/1/LJIH%2028%2002%202020%20158-168.pdf Hamad, Ahmed M. A. and Alamaren, Emad Mohammad Hussein and Al Mashhour, Omar Farouk and Tejomurti, Kukuh and Mohd Anuar, Haslinda (2020) The Judicial Control over the Constitutionality of Laws in the State of Palestine. Legality: Jurnal Ilmiah Hukum, 28 (02). pp. 158-168. ISSN 0854-6509 https://ejournal.umm.ac.id/index.php/legality/article/view/12900 http://dx.doi.org/10.22219/ljih.v28i2.12900 http://dx.doi.org/10.22219/ljih.v28i2.12900
spellingShingle K Law (General)
Hamad, Ahmed M. A.
Alamaren, Emad Mohammad Hussein
Al Mashhour, Omar Farouk
Tejomurti, Kukuh
Mohd Anuar, Haslinda
The Judicial Control over the Constitutionality of Laws in the State of Palestine
title The Judicial Control over the Constitutionality of Laws in the State of Palestine
title_full The Judicial Control over the Constitutionality of Laws in the State of Palestine
title_fullStr The Judicial Control over the Constitutionality of Laws in the State of Palestine
title_full_unstemmed The Judicial Control over the Constitutionality of Laws in the State of Palestine
title_short The Judicial Control over the Constitutionality of Laws in the State of Palestine
title_sort judicial control over the constitutionality of laws in the state of palestine
topic K Law (General)
url https://repo.uum.edu.my/id/eprint/31296/1/LJIH%2028%2002%202020%20158-168.pdf
http://dx.doi.org/10.22219/ljih.v28i2.12900
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