The Relationship of The Executive Authority With The Judicial Authority And Its Effects on The Independence of The Judiciary of The Palestinian Legislation Comparative With The Islamic Law ( an analytical study)

Abstract

The relationship between the executive authority and the judiciary one has had an impact on the independence of the judiciary by violating the principle of the separation of powers and also it has negatively affected the rights and freedoms of individuals. This study deals with the relationship between the executive authority and the judicial authority and its impact on the independence of the judiciary in the Palestinian legislation compared to Islamic Law. This study follows the descriptive analytical approach of the texts of relevant Palestinian legislations. The study deals with the subject in three chapters, the first of which handled the nature of the judiciary authority and the guarantees of its independence. Chapter 2 is devoted to talk about the relationship of the executive power and the judiciary one in the Palestinian legislation and Islamic law. This is to know the nature of the relationship between the President of the National Authority and the judiciary. Moreover, it discusses the relationship between the Council of Ministers and the judicial authority by handling the relationship between the Ministries of Justice and Interior and the judiciary authority. In the third chapter, the study discusses the effect of the relationship between the executive authority and the judicial authority on the independence of the judiciary by talking about the effect of the relationship of the executive authority on the judicial authority on the principle of separation of powers, rights and freedoms. This is to reach, in the end, and prove the hypotheses of research through a number of results, the most important of which is that the executive authority has to do with the affairs of the judges in terms of the appointment, promotion and commission, discipline, isolation and balance. It is concluded that the relationship between the executive power and the judiciary in the Palestinian legislation affected the independence of judiciary and risked the separation of powers principle. It has also affected badly the rights and freedoms, unlike Islamic Law. The study recommends that all matters relating to the affairs of judges be within the purview of the judiciary itself, terminate any role of the executive authority or make its role subordinate and ineffective. Ineffective. It also recommends that the financial and administrative supervision of the judiciary be the specialization of an administrative and financial committee overseen by the Secretary General of the Supreme Judicial Council, where he is held accountable by the legislative authority and the Supreme Judicial Council.