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|Title||Impact of the exceptional circumstances on public rights and freedoms in Palestine "Analytical comparative Study"|
|Title in Arabic||الظروف الاستثنائية وأثرها على الحقوق والحريات العامة في فلسطين " دراسة تحليلية مقارنة "|
Abstract This study aims at raising awareness among the society ranks about the essence and power limits of the executive authority in exceptional circumstances. It also objects to finding legal limits and practical mechanisms, preventing the abuse of executive authority and crossing the power limits granted by law, which leads to disabling the violation of public rights and freedoms in those circumstances. The study relies heavily on following the descriptive, analytical, and comparative approach through which the researcher will depend on the descriptive and analytical approach to describe and analyze research topics represented in exceptional circumstances, and public rights and freedoms from different aspects. Moreover, he will depend on the comparative approach to compare the Palestinian legislation with international law legislations as to as well compare it with the case in Islamic law, leading us to know the impact left by exceptional circumstances on public rights and freedoms and establish mechanisms reducing and mitigating this impact. Study Results: - The Palestinian essential Law addressed the theory of exceptional circumstances and gave the executive authority wide and ultimate powers. In addition, the law put some weak and not adequate restrictions to preserve the rights and freedoms of individuals. Study Recommendations: - The Palestinian legislative authority should reorganize the exceptional circumstances and codify them in special law that complies with the preservation of public rights and freedoms. Not only should it provide real guarantees and put power limits for the executive authority regarding the restriction of public rights and freedoms, but also find practical mechanisms to hold accountable the violators of public rights and freedoms under exceptional circumstances. - The legislative authority should do its supervisory role on the executive authority effectively during the occurrence of exceptional circumstances without affecting the required flexibility in the way the executive authority deals with the exceptional circumstances that befell the country.
|Publisher||الجامعة الإسلامية - غزة|
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