المحكمـــة الدستوريـــة العليــا
The Supreme Constitutional Court
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Know about Court

The first formation of the Supreme Constitutional Court was as follows:

Mr. Mohamed Abdel Ghani Ahmed El-Haj Kacem        President

Mr. Asaad Boutros Said Mubarak                              Vice President

Mr. Abdel Rahman  Abdelmajid Abu Nasr                   Member

Mr. Fathi Abdul Nabi Abdullah Al-Wahidi                    Member

Mr. Fathi Hamouda Abu Sorour                                    Member

Mr. Hatem Abbas Mohamed Salah Edeen                   Member

Mr. Rafiq Issa Ibrahim Abu Ayyash                              Member

Mr. Adnan Mutlaq Mahmoud Abu Laila                       Member

Mr. Fawaz Tayseer Fouad Sayemeh                            Member

 

The Supreme Constitutional Court shall perform constitutional judicial control according to the following methods:

1. Direct action: Through the original direct action that is raised by the aggrieved or of whom the constitutional rights were violated before the court through an attorney whose expertise in the legal profession is no less than ten continuous years, or through the Attorney General or one of his assistants as a representative of the state’s institutions. 

2.  Plea of unconstitutionally: If the litigants pleaded during the hearing of the case before any court the unconstitutionality of a provision in the law, decree, regulation, or decision and the court considered that the defense is serious, the court postpones the hearing of the case and then determines for the party that initiated the defense a date that should not exceed sixty days, to take a legal action before the Supreme Constitutional Court. In the case where action is not taken in due time, it is considered nonexistent.

3. Referral: If it seemed to any of the court during the cognizance there is unconstitutionality in a provision in the law, decree, regulation, or a decision necessary for the settlement of the dispute, the execution of the proceedings of the case are stopped and the papers are referred to the Supreme Constitutional Court without fees in order to settle the constitutional issues.

4. Challenge: If the court was in the course of discussing a dispute and during the proceedings of the dispute, it became evident to the court that there is an unconstitutional provision linked to the dispute, the court is automatically entitled to confront the issue by deciding the unconstitutionality of the provision. In this case, it is conditioned that the mentioned provision is linked to the disputed issue before the courts and according to rules.

5.  Interpretation: The application requesting interpretation is submitted by the Minister of Justice, according to the request of the President of the State, to the Prime Minister and the Head of the Legislative Council, or the Head of the High Judicial of whom the constitutional rights were violated to interpret a provision in the Basic Law or explain the legislations in the cases where there is a conflict in execution and a necessity for explanation. 

The rulings of the Supreme Constitutional Court and its decisions are final, not subject to appeal, binding to all authorities and citizens of the state, and shall be published in the Official Gazette.

 

The Supreme Constitutional Court is exclusively competent in the following:

1.Constitutional control of laws and regulations by considering the extent to which legislation conforms to the highest legislation of the        basic law.

2.A-Explaining the provisions of the Basic Law.

   B-Explaining the legislations (laws and decisions by laws) in the cases where there is a conflict in execution and a necessity for               further explanation. 

    C-To settle conflicts of jurisdiction between the authorities.

3.To settle conflicts of jurisdiction between the judicial and administrative bodies with judicial competencies.

4. To settle any disputes that arise concerning the execution of two contradicting final decisions, whereby one of the decisions is issued by a judicial body or a body with judicial competencies and the other from a different party. 

5.Resolution and settlement of an appeal concerning the legal incompetence of the President of the State in accordance to clause  (1/C) of article (37) of the amended Basic Law for the year 2003. Its decision is considered valid from the date the legislative Council ratifies the law with the majority of two thirds of its members. 

 

The Court is comprised of a President, a deputy and at least  seven judge in its first composition for six non-renewable years, three members of the Court shall be appointed every two years by a decision of the President of the state of Palestine and upon the recommendation of the General Assembly.

The Supreme Constitutional Court has great functions. The judiciary has diversified into the legal classes and segments to ensure impartiality and employed those who have judicial capabilities, experience in human rights, and integrity. Member of the court is not allowed to occupy any other position, or to exercise any business or political activity, or be a member of a political fraction, it is then necessary that the member resigns before taking the legal oath. 

The judiciary shall hold its sessions in attendance of the president of the Supreme Constitutional Court and at least six judges and shall issue its decisions by a majority.

 

The establishment of the Supreme Constitutional Court goes back to the amended Basic Law of 2003; the Constitutional Court law was passed and ratified on 17/02/2006. It was then called “the law of the Supreme Constitutional Court” No (3) of 2006, which was published in the Official Gazette No (62).

The President of Palestine issued Presidential decree No (57) for the year 2016 for the formation of the Supreme Constitutional Court, which established the first independent judicial body. The new judicial body was formed without the capacity to be modified and its competencies are exercised in accordance to law No (3) for the year 2006 and its amendments in 2017. The aim of this judicial body is to uphold to the supremacy of the Law and legal progression to establish the rule of law.

The Constitutional Court Law has been amended twice, the first is according to the Law No. (19) of 2017 and the second by the Law No. (7) of 2019.