القضاء الدستوري في الرقابة على الاغفال التشريعي في التشريع الفلسطيني

الملخص EN

This study tackled legislative omission in Palestinian laws and the authority of the constitutional court to monitor and address this problem.

Legislative omission takes place when a legislator despite the normative obligation has not developed the required regulations or has enacted incomplete and insufficient regulations.

Legal omission as such takes place regardless of whether it was deliberate or unintentional on part of the legislature.

The study aimed at defining the expression (legislative omission) and spelling out the reasons behind it and its implications.

In addition, the study explored the legal authority of the constitutional court in terms of addressing legislative omission.

Throughout the study, the researchers employed the analytical descriptive method as well as the comparative method between Palestinian and other models including the Egyptian one.

The study was divided into two chapters.

Chapter I tackled the definition and reasons behind legislative omission while chapter II addressed the legal authority of the constitutional court in monitoring and exercising relevant oversight.

The study ended with specific conclusions chief of which is the suspicion of the existence of many cases of legislative mission in Palestinian laws.

In addition, the study put forth a number of recommendations after reviewing a number of Palestinian laws to identity and remedy cases of legislative omission particularly those impacting individual and public rights while also reaffirming the role of the constitutional court to monitor legislative omission while setting the limits for such intervention.