مبدأ المشروعية و نطاق تطبيقه أمام القضاء الإداري الفلسطيني : دراسة تحليلية

Abstract EN

The constitutional proposal has emphasized the principle of law supremacy and elevating the principle of legitimacy as it subjugates all types of authorities and agencies inside the state to the verdicts of law.

The constitutional proposal also asserts that any violation against these principles leads to the illegality of these actions or behaviors and they will be subjects to be revocable by the Palestinian administrative judiciary.

The subjugate of the administrative authorities to the principle of legitimacy is not complete but it directs the constitutional proposal and the Palestinian judiciary from judicial control.

In this study, we explained the definition of legitimacy and its scope and we illustrated the effect of Discretionary, Exceptional Circumstances and Acts of Sovereignty theories on this principle.

This study revealed the necessity of enacting and issuing of the Palestinian State Council Law for its vital role in elevating the legitimacy principle and eliminating the application of the act of sovereignty theory, and subjugating the whole actions and administrative resolutions of administrations to the judicial control pursuant to article (30) of the Basic Law.