• العربية
    • English
  • English 
    • العربية
    • English
  • Login
Home
Publisher PoliciesTerms of InterestHelp Videos
Submit Thesis
IntroductionIUGSpace Policies
JavaScript is disabled for your browser. Some features of this site may not work without it.
View Item 
  •   Home
  • Faculty of Sharia and Law
  • PhD and MSc Theses- Faculty of Sharia and Law
  • View Item
  •   Home
  • Faculty of Sharia and Law
  • PhD and MSc Theses- Faculty of Sharia and Law
  • View Item

Please use this identifier to cite or link to this item:

http://hdl.handle.net/20.500.12358/22227
TitleThe withdrawal of administrative decisions in Palestinian Legislation (A comparative analytical Study)
Title in Arabicسحب القرارات الإدارية في التشريع الفلسطيني (دراسة تحليلية مقارنة)
Abstract

Study Purpose: The process of administrative decision withdrawal is considered among the most important legal instruments that lead to the termination of defective administrative decisions، which were initially issued to correct and rectify the physical errors and defects observed in the decisions. Thus، withdrawal is the process of taking off the past and future legal power from the administrative decision، in addition to its legal impact as if it did not exist at all. Study Sample: Thus، this study tackled the issue of administrative decisions withdrawal in the Palestinian legislations. This is because، unlike the Egyptian and French cases، no studies in the respect could be found in the Palestinian jurisprudence and judgment. Study Methodology: The study implemented the descriptive، analytical، and comparative methods. Study Division: It has been divided into two main chapters. This is in addition to an introductory chapter، in which the study introduced the concept of administrative decision and the conditions of its validity. In the first chapter، the study defined the withdrawal process of the administrative decision and its legal nature. In the first topic of this chapter، the study discussed the concept of the administrative decision withdrawal compared to some other legal practices. In the second topic of this chapter، the study discussed the legal base of this withdrawal، and the most important principles that control the withdrawal process. Finally، the study discussed in its second chapter the conditions of the withdrawal process of the administrative decision and its legal impacts. In the first topic of this chapter، the study clarified the withdrawal conditions، which are as follows: the withdrawn decision should be characterized with the defect of illegality، and the withdrawal process should take place during the judicial appeal period. In the first topic of this chapter، the study clarified the effects of the administrative decision withdrawal، which are: the demise of the decision and its legal impacts retroactively، protection of the withdrawing decision by the judicial appeal period expiry، and the right of the affected parties to demand for compensation against the illegally withdrawn decision. Study Results: At the end of the study، a set of conclusions and recommendations were presented. Most importantly، the study concluded that the Palestinian legislator did not legislate the rules and provisions of the withdrawal of administrative decisions in the form of an independent theory codified. Rather، the rules acquired from the administrative court were implemented. Study Recommendations: The study recommended that there need for the Palestinian legislator to control the rules and conditions of the administrative decision withdrawal. This should be arranged in a comprehensive way that draws from the normally practiced rules، in addition to the verdicts of administrative courts and the opinions of jurists.

Authors
المزين, اياد ابراهيم عبد اللطيف
Supervisors
بشناق, باسم صبحي
Typeرسالة ماجستير
Date2016
Languageالعربية
Publisherالجامعة الإسلامية - غزة
Citation
License
Collections
  • PhD and MSc Theses- Faculty of Sharia and Law [424]
Files in this item
file_1.pdf2.709Mb
Thumbnail

The institutional repository of the Islamic University of Gaza was established as part of the ROMOR project that has been co-funded with support from the European Commission under the ERASMUS + European programme. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

Contact Us | Send Feedback
 

 

Browse

All of IUGSpaceCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsSupervisorsThis CollectionBy Issue DateAuthorsTitlesSubjectsSupervisors

My Account

LoginRegister

Statistics

View Usage Statistics

The institutional repository of the Islamic University of Gaza was established as part of the ROMOR project that has been co-funded with support from the European Commission under the ERASMUS + European programme. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

Contact Us | Send Feedback