“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 ... "
Dr. alSanawi has been a Professor of Commercial Law at the Faculty of Law, Al-Quds University since 2003. He obtained his PhD in Private Law from Alexandria University in 2008 and his Master's Degree in Law from the University of Jordan in 2002. He also earned his Bachelor's Degree in Law from Al-Isra University in 2000.
Dr. AlSanawi has been practicing as a lawyer at the Palestinian Bar Association since 2004. He served as the Dean of Student Affairs at Al-Quds University from 2015 to 2023, and was appointed as a member of the Board of Directors of the Palestinian Judicial Institute from 2019 to 2023. He worked as a legal advisor to the University from 2012 to 2015 and a coordinator of the evening Law Program from 2011 to 2014. In 2010, he served as a visiting professor at Sultan Qaboos University.
Dr. alSanawi contributed to the development of practical training curricula for trainee lawyers in 2011 and played a role in developing the courses on commercial law and companies law. He is currently teaching some of these courses in both the undergraduate and Master's programs.
Dr. Al-Sanawi has published numerous peer-reviewed books and research papers, including "The Concise Explanation of Commercial Law - Commercial Companies 2017" and "Bankruptcy for the year 2018," "Mergers of Companies 2018," "Corporate Social Responsibility of Companies in the Palestine Securities Market 2016," and "Corporate Governance of Commercial Companies Listed on the Palestine Securities Market 2015."
He has participated in various local and international scientific conferences and has completed specialized courses in the field of intellectual property, legal drafting, and professional ethics for lawyers as part of the International Visitor Leadership Program.
Dr. alSanawi is a member of several esteemed scholarly associations, including the Arab Lawyers Union Journal and the Journal of Legal Sciences at the University of Sharjah. A Presidential Decree was issued appointing him as a Member of the Supreme Constitutional Court as of June 1, 2023.