القضاء الفلسطيني : إصلاح أو أعادة بناء

Abstract EN

This paper investigates the crisis of the Palestinian Judiciary and argues that it should be reconstructed rather than reformed.

The paper also outline nine criteria for the reconstruction of the Judicial system in Palestine.

Although the independence of the Judiciary, especially of the Executive Branch, is the corner stone of any judicial system, in Palestine this remains a political rather than a technical matter.

Independence of the judiciary depends on two complementary aspects which strengthen one another: institutional independence and the independence and impartiality of the judge himself.

Independence of the legal profession also reinforces the independence of the Judiciary.

The research highlights the importance of unifying and modernizing the legal and judicial system of the West Bank and Gaza.

The paper calls for the restructuring of the judiciary and public prosecution utilities through the establishment of the specialized courts and judges.

The paper also calls for the establishment of an institution for judicial education and training.