“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 ... "
Speech of the President of the Supreme Constitutional Court
Justice Ali Muhanna
Some may assume that as Palestinians, we adopt the uniqueness of our experience as an excuse for our shortcomings and passion for breaking the rules and expanding exceptions, thus evading accountability. However, those who have lived and immersed themselves in this experience know that it is actually an exceptional case to be acknowledged and not standardized and it does not fit into ready-made models or standard templates, as its building blocks were formed with individuality and distinctiveness, just as in the stumbling blocks of its rugged journey.
The uniqueness of the experience is not limited to the political aspect and what is known as the struggle for liberation which is yet to be fully accomplished. It goes beyond that to encompass the ramifications of the nation-building battle with all its different extensions and dimensions, including the pillars of the justice sector, leading up to the establishment of the Supreme Constitutional Court and the constitutional oversight of the various forms of legislations.
As it is known, there is no Constitution in Palestine, and our Basic Law was primarily designed to regulate the transitional phase, which was supposed to last no more than five years from the establishment of the National Authority. It stated in its preamble that it includes a number of constitutional principles, but it did not cover all the aspects comprehensively. Therefore, it is unable to respond to the needs of the developments that have occurred in the Palestinian experience, both in reality and legally, over the past two decades.
In the same context, there has been a debate about the possibility of early constitution-making for the State of Palestine, given the ongoing occupation on one hand and the majority of the Palestinian people living in exile and diaspora on the other. Amidst these complexities, the enactment of Law No. 3 of 2006 of the Supreme Constitutional Court was a prelude to its formation and a response to the Provisions stated in the Palestinian Basic Law of 2003 and its amendments.
Based on that, the first formation of the Court took place on March 31, 2016, and it assumed its responsibilities pursuant to the Law. The second formation of the court was completed on June 1, 2023, after the remaining justices from the first formation of the Court were referred to retirement pursuant to the provisions of the Law. Hence, the second formation was completed by appointing the final group of justices and the second President of the Court.
During the past years, the Law of the Court has been amended multiple times, the most significant of which was the amendment of 2017 Over the years of its work, the Court has laid the initial foundations for its esteemed institution, and we seek Gods assistance and guidance in further consolidation of the principles of the supremacy of constitutional rules, the rule of law, judicial independence, and the integrated separation of the three powers.
On this occasion, we are aware that our journey is challenging, and we need to be open to learning from others and benefit from the rich regional and international experiences, while also considering the uniqueness of our reality and experience. The ultimate goal is to serve the interests and legitimate rights of the Palestinian people, placing them at the forefront of our endeavors.