نطاق التشريعات الخاضعة لرقابة الدستورية وفقا للقانون و اجتهادات القضاء الدستوري في فلسطين : دراسة تحليلية

الملخص EN

The research aims to analyze the plan of the legislator and the jurisprudence of the Palestinian constitutional judiciary towards defining the legislation subject to constitutional control, and the extent to which the objective meaning of this definition is embraced as a legislative and judicial approach to ensure that no legislation escapes from constitutional control.

constitutional law, which tackled the definition of legislation subject to control, with the use of the comparative approach to explain the position of the legislator and the comparative constitutional judiciary regarding the legislation under control.

the regulations or bylaws and others in article (103) of the basic law, in contrast to their confinement to the laws and regulations in article (24) of the court law, which narrowed the scope of the objective meaning compared to the basic law, which raises the suspicion of its unconstitutionality.

the term "legislation" as a place of control.

as for the judiciary, the researcher concluded that the supreme court, in its capacity as constitutional court did not settle on the objective meaning, but rather took the formal meaning, unlike the constitutional court later, which embraced the objective meaning to extend its control over all legislation, which was followed by the legislator and the constitutional judiciary in Egypt and Kuwait.