Palestinian Administrative Judiciary Governance in Protecting Public Rights and Freedoms

Abstract

This research dealt with the role of Palestinian administrative courts in the enshrinement and protection of public rights and freedoms in Palestine. The researcher used the analytical approach to analyse a range of relevant court decisions and further described the legal organization of both civil, political, collective and individual rights and freedoms in Palestine through a set of legal norms enshrined in the Palestinian Basic Law and its regulations in Palestine. The researcher also dealt with the contributions of the administrative judiciary to oversight of individual or organizational administrative decisions of the executive branch that infringe these rights. The researcher also explained the task of the administrative judiciary in establishing a group of rights and freedoms in the exercise of the rights and freedoms of citizens by determining their validity and the limits of their exercise through its determination in its provisions as general principles of law established and proven in the administrative and constitutional judiciary.

The research reached a set of findings, the most important of which is the variation in the efforts of the administrative judiciary in establishing certain rights and freedoms, and the mere reference to some rights without a real role in affirming them. A set of recommendations were reached, the most significant of which is the necessity of introducing some amendments regarding certain rights and freedoms in the Palestinian Basic Law, particularly concerning treaties, the right to housing, the right to work, and the environment. Additionally, we will introduce a series of amendments to the Constitutional Court and Administrative Court laws to ensure the independence of the judiciary from the executive authority