MUSAWA's Monitoring Report on the Elections of the Sharia’ Bar Council (2023-2027)
Esteemed President and Members of the Central Elections Committee of the Sharia’ Bar Association in Gaza, Subject: MUSAWA's Monitoring Report on the Elections of the Sharia’ Bar Council (2023-2027) MUSAWA-The Palestinian Center for the Independence of the Judiciary and the Legal Profession - extends its warmest greetings and is pleased to share with you its monitoring report on the Sharia’ Bar Council (2023-2027) elections, which took place on Saturday, March 4, 2023, from 9:00 a.m. t...
Position Paper: The Importance of Canceling the Appointed High Judicial Council’s Instructions to Protect the Rights and the Rule of Law Foundations
Once again, the appointed High Judicial Council issues instructions amending laws supplemental to the constitution-this time the Penal Code- without legal competence or constitutional legitimacy, and with a weak claim: “For better management of criminal cases, and fast, low-cost trial procedures” as described by its issuer. We stress the illegitimacy and unconstitutionality of such instructions, demanding that they be set aside and abolished immediately. Therefore, this position paper aims to show all the risks entailed in these instructions, as they restrict and blatantly interfere with the judges’ work, turning them i...
The High Judicial Council Oversteps and Abuses Its Power as It Amends a Law by Instructions, Circumvents the President’s Decision to Abolish a Decree-Law, and Violates the Principle of Separation of Powers
Lawyers, jurists, and those concerned with the public interest have circulated the news of the instructions issued by the chief justice, upon a decision by the High judicial council on 15/02/2023. This constitutes a circumvention of the president’s decision to abolish the decree-law amending the law of civil and commercial procedures, and works to establish hegemony, monopoly of power and the overstepping of jurisdiction, which violates the recognized values and constitutional principles. Moreover, a legislation is amended by a non-legislative instrument, as it amends a law, such as the law of civil and commerci...