حق الأفراد في الطعن بعدم دستورية القوانين في التشريع الفلسطيني

Abstract EN

Our study focused on the means of instituting a constitutional lawsuit, as according to these means, the court’s knowledge of the constitutional lawsuit in accordance with the sound legal conditions stipulated in the court’s law, and its effectiveness, are explained by the Palestinian legislator, so the Palestinian legislator has defined ways to initiate the constitutional case in the Palestinian Constitutional Court Law.

After reviewing the legal text, we find that the Palestinian legislator has adopted four methods to initiate the constitutional lawsuit in order to control the laws, which are the referral method from the subject court, the subsidiary defense method, the confront from the Supreme Constitutional Court, and the original direct lawsuit.

We will focus our study on the right of the individual to challenge the unconstitutionality of laws, as individuals have the right to protect their rights if they are violated, and then explain the procedures that the individual follows to institute a constitutional case.

The study concluded with a set of findings and recommendations, the most important of which is that the Palestinian legislator has given the right to the Supreme Constitutional Court to use the blocking license on its own.

This is because it is unacceptable for the legislator to authorize the right of referral to the lower court than the Constitutional Court and then deprive the Constitutional Court itself from using the right to confront, which is the court that has general jurisdiction over adjudication of constitutional disputes..

While the Palestinian legislator was unable to limit the right to the original lawsuit to The bodies designated in the decision by law without giving the right to individuals and bodies, knowing that persons, whether natural or legal, are the major stakeholders in canceling legislation that affects their rights and freedoms, and as for the most important recommendations, we recommend that we change the amendment contained in the decision by law, by abolishing the right of individuals to resort to lawsuits.

This constitutes a diminution of the right of the individual having an interest from resorting to direct litigation to achieve his personal interest, as well as working on organizing all procedures for hearing the constitutional case from the moment it is filed until it is decided in the law of the Supreme Constitutional Court.

The analogy with the articles that regulate the litigation process in ordinary cases cannot be relegated to the constitutional lawsuits of the special nature of these cases, the importance of their rulings, and the legal implications thereof.