“Constitutional justice is never blindfold justice, and oversight of the constitutionality of laws is not a mathematical process or a mechanism by which the text of the law is placed in the face of the text of the constitution and immediately shows the extent of congruence between them or the extent to which the law violates the provisions of the constitution. Consider determining its significance and determining its scope, and judges are ultimately citizens who participate in the life of their community, each with their own opinion, special attitudes, and intellectual premises on political and social issues. Therefore, the constitutional judge must carefully weigh the effects that would It is a consequence of its rulings and decisions. ”And if it is estimated that the ruling or decision that is compatible in theory or abstract with the provisions of the constitution will result in a political, economic or social crisis, he will rethink this judgment or decision and devise a solution that reconciles the need to respect Constitutional legitimacy and the need to protect the interests of society and the stability of its systems, even if this solution contradicts what is required by the apparent text.
The constitutional judiciary is not an applied judiciary that imposes the rule of the constitution automatically or merely on the incident presented to it, it is imperative to achieve balance and compromise between two considerations: the preservation of constitutional legitimacy, and at the same time the stability of the state itself, the constitutional judiciary performs its mission within the framework of A political, economic and social system that has foundations and pillars that it must observe, otherwise it causes the preservation of legal considerations by its collapse or rift. The Constitutional Court plays a constructive role that exceeds the limits of the literal application of the provisions of the constitution to reach a practical impact on many matters of social, political and economic life for all ... This constructive role is achieved by the court interpreting the provisions of the constitution and the laws ... that are presented with a constitutional order, This interpretation cannot be completely separated from the vision of the court in many political and social cases that it deals with in its rulings ... "
Justice Dr. Abdelnasser Abdullah Abu Samhadana obtained his PhD in Public Law and Litigation from Ain Shams University in 2009, and he earned his Master's Degree in Law from the same University. He obtained his licence (Bachelor) Degree in Law and Police Sciences in 1999 from the Egyptian Police Academy.
In terms of legal and practical experience, he served as a Prosecutor from 1999 to 2005, and then he became the Director of the Public Prosecutions until he joined the Panel of the Supreme Constitutional Court.
He participated in numerous seminars and conferences related to the Public Prosecution since his appointment until he moved to the Supreme Constitutional Court. He also engaged in pleading before various Palestinian courts. He was one of the founding members of the International Union of Arab Lawyers and Jurists.
Furthermore, he was accredited as an arbitrator at Ain Shams Rights Arbitration Center and served as the Deputy President of the Palestinian Association for Criminal Sciences. Additionally, he held the position of the Director of the Legal Journal of the Public Prosecution and served as a member of the arbitration tribunals for several journals.
Dr. Abu Samhadana successfully completed several training courses in various legal subjects and participated in multiple training sessions, where he served as an accredited trainer and assessor at the Palestinian Judicial Institute. He was also a member of several preparatory committees for conferences of the Public Prosecutions and was a member of the Arab Organization for Constitutional Law.
Moreover, he supervised and examined several Master's theses related to legal fields. Additionally, he serves as a judge in the Administrative Court at the League of Arab States. Furthermore, he previously held the position of the Secretary of the Academic Committee at the Palestinian Judicial Institute.
Dr. Abu Samhadana has numerous scientific publications, including a collection of books, articles, and peer-reviewed research papers published in local, Arab, and international journals, Moreover, he has participated as a speaker in numerous conferences, seminars, workshops, and meetings on legal issues at the local, Arab, and international levels. He has also provided several commentaries on Palestinian arbitration provisions.
Furthermore, he has academically supervised the staff of the Public Prosecution in the Administrative Staff Diploma Program at Birzeit University. Dr. Abu Samhadana was also part of the International Visitor Leadership Program in the United States in 2018.