المحكمـــة الدستوريـــة العليــا
The Supreme Constitutional Court
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President’s word

His Excellency the Chancellor Prof. Dr. Mohammed EL Haj Kacem  

At the beginning of the second quarter of 2016, specifically on the first of April 2016. A great hope, ambition and a difficult dream that has been delayed for many years, was achieved by issuing a decision to form the Supreme Constitutional Court in Palestine, a national ambition to establish this democratic constitutional edifice on the land of the State of Palestine. It is a personal aspiration to be part of the composition of this court and one of its judges, and a Palestinian dream that our people have been waiting for ten years, that is, since the promulgation of the Supreme Constitutional Court Law No. 03 of 2006. This hope, ambition and Palestinian dream was realized by the decision of formation and appointment of His Excellency the President of the State of Palestine, Chairman of the Palestine Liberation Organization, the protector of the Palestinian dream of establishing an independent Palestinian state on the borders of June 4, 1967 with East Jerusalem as its capital, His Excellency President Mahmoud Abbas "Abu Mazen" who worked since the mid-seventies of the last century to institutionalize the PLO the sole and legitimate representative of the Palestinian people, and develop them appropriately to our Palestinian people on the road to liberation and building an independent Palestinian state, which is legal recognized in the effort to establish the legal rules for building institutions, including the Supreme Constitutional Court of in Palestine as an authentic institution in building an independent Palestinian state, and in implementation of the constitutional entitlement stipulated in Article (103) of the Basic Law, which is a guarantee of constitutional legitimacy and a driving force that establishes it on the pillars of right and justice. A civilizational epic that ensures, through its work, a transition from the theoretical concepts of constitutional values to practical facts in which the citizen is safe and reassuring that the law shall have the highest word through the strict application of the provisions of the Basic Law.         

The control of the constitutionality of laws is the cornerstone of building the rule of law. Ultimately, censorship aims to access the essence of the law in order to achieve more controls aimed at the protection of human rights. It plays an important role in strengthening constitutional guarantees and preserving popular sovereignty. When the Constitutional Court nullifies a law or a text of a law, it reaffirms the Constitution and respects the sovereignty of the people and represents the State's submission to respect for human rights and freedoms.

In-depth analysis of the role of control of the constitutionality of laws which performed by courts or constitutional councils leads to the fact that constitutional justice is compatible with the requirements of democracy that are not based on the rule of law. A sign of the maturity of democracy "There can be no democracy without a constitutional judiciary that ensure the proper application of the provisions of the Constitution to achieve the rule of the state of rule of law." It also does not undermine democracy and the existence of judicial control in the rule of law, because democracy, which means political freedom imposes that "in democracy, there is no policy without controls of responsibility and no policy without censorship, and if politicians fail, the judiciary must take over this task". The Control of the constitutionality of laws is an authority capable of imposing respect for the legislative and executive powers of respect for the Constitution and human rights. "

The role of the Supreme Constitutional Court in Palestine is to preserve the Palestinian political system and constitutional legitimacy, to enshrine the principle of separation of powers, to protect and development the constitutional text. Protection Palestinian human rights and fundamental freedoms and to work to develop the constitutional and legal system in Palestine. Considering that the principles include the decisions of the Supreme Constitutional Court are an indication and catalyst for recent developments in the fields of governance, and the relationship between state authorities and the guarantee of human rights and the Palestinian citizen.

Constitutional justice is now part of the public debate. This imposes a new challenge for the Palestinian Supreme Constitutional Court is to respond to the growing need for a high constitutional culture, both by the specialized researcher (lawyer, judge, civil society organizations, law and law professors and students) Through the development of mechanisms of communication, and this is lead the Supreme Constitutional Court to launch the electronic website of the Court in Palestine, publishing various provisions and decisions which issued by the various activities, in order to In order to establish the principle of democracy of access to information and the right of everyone to constitutional culture.

                                                      His Excellency the Chancellor Prof. Dr. Mohammed EL Haj Kacem

                  President of the Supreme Constitutional Court    

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