الرقابة القضائية على قرارات الحبس غير المشروع في النظام القانوني الفلسطيني : دراسة تحليلية مقارنة

Abstract EN

The fear of violating the principle of rule of law and thus violating rights and freedoms is from the executive branch and its security bodies, which appear to be one of the most dangerous practices for individual freedoms, which has the lion's share of state functions.

This research aims to highlight the judicial review and control of most important forms of violations of personal freedoms by the executive organs, mainly security agencies, namely, the illegal detention of individuals as the most serious crime affecting their personal freedoms, in addition to identifying the judicial means provided to them by the legislator.

The problem of the study lies in examining judicial supervision and review in abolishing illegal detention decisions in accordance with the Palestinian legislation.

In achieving that, the comparative approach was used within the framework of the current legal system of France, Palestine and Egypt.

The study was divided into two parts preceded by a preliminary topic, entitled What is Judicial Review over Illegal Detention Decisions, while in the first topic we dealt with Conditions for Accepting the Abolition of the Illegal Detention Claim, we have allocated the last part to indicate the impact and effect of abolishing the illegal imprisonment and its guarantees.

After completing the review of the various aspects of the research, we have reached many conclusions and proposals.

The most important are, no one may be arrested, searched, imprisoned or restricted by any restriction or prevented from movement except by judicial order in accordance with the provisions of the law.