Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

The Reality of the Palestinian Judicial System: Between Independence and Effectiveness


Abstract | الملخص

Among the most important principles that govern the litigation process is the principle of separation of powers; the principle of independence of the judiciary; the principle of impartiality and integrity of the judges; and the principle of transparency in assuming their judicial positions. Each of these principles depends on the other, so that the absence, or imbalance in one of them leads to undermining justice and the rights of citizens. The Anglo-American judicial system administers itself through a separate branch, which manages its own human resources and budget; whereas that of the continental legal system is dependent on the executive for its administrative and financial functions through a central department in the ministry of justice, which has an overall responsibility over human resources (excluding judges), automation of case management, buildings and equipments. In this system, the minister of justice or his/her assignee is the chief administrative officer of the courts.

Authors | المؤلفون

Mustafa Hussein Abdelbaqi

Keywords | الكلمات الدالة

Palestinian Judicial, Independence, Effectiveness.

References | المراجع