أزمة مفهوم نظرية المؤسسات العامة في التشريع الفلسطيني : دراسة قانونية نقدية مقارنة

الملخص EN

The terms of the present study endeavor to an accurate and concentrated analysis of the concept of the public institutions and its individuality in the structure of the Palestinian administration structure in particular, from the perspective that the legislative policy in establishing and organizing many public establishments (entities) came in a manner that raises ambiguity and discrepancy in showing their real concepts, administrative position, and legal status.

This state of affairs has led to creating thoughts and theories that need investigation and scrutiny, since they contradict in many ways with the original idea.

The significant objective of setting up the public institutions is in their competence as a fundamental method of managing the public facilities in the state, and at the same time, represent one of the main images of the decentralized administrative technique of the administrative organization of the state.

Both descriptions of characteristics and regulations make the idea of the public establishments an original theory of the administrative law characterized with a lot of determination of its elements and homogeneity in its legal system.

Therefore, the present study shall provide a selective, analytical, critical, legal reading in order to show the extent of consistency and harmony of the legal and practical aspects of the public establishments in some Palestinian legislations in comparison of the general principles and theories that govern the idea of the public establishments in accordance with their general theory in administrative jurisprudence and judgment, while taking in consideration the various modern political, economic, and social attitudes that surround the public establishments as a distinctive administrative pattern in various states and all the administrative legislations.