Funded by the European Commision, and With the consultation of the International Bar Association (IBA), the Palestinian Center for the Independence of The Judiciary and the Legal Profession- Musawa held the Third Conference on Palestinian Justice entitled “A Suitable Constitutional Judiciary System for Palestine and the Need for a Constitutional Court as a requirement to build a Palestinian State.”, which took place on the 13th and 14th of December, 2009, at the Palestinian Red Crescent Society Hall Al-Bireh, Jerusalem Street. The event was broadcasted via video conference among the cities of Ramallah, Gaza, Amman and Cairo. Participation in Ramallah, included 266 participants (188 on day one, and 78 on day two); in Gaza the participation included 165 participants (97 on day one, and 70 on day two).
The conference started with several opening speeches given by the Mr. Ali Khashan-Minister of Justice- on behalf of the Prime Minister Mr. Salam Fayyad pointing out that this conference comes in conjunction with the new changes witnessed by the justiciary sector, the vision of President Mahmoud Abbas aimed at the establishment of democratic principles, and the pursuit of national independence. Mr. Kashan also stressed that the previous vision will not be complete without the return of the ties between the two parts of the country and the Israeli withdrawal from the Palestinian territories. In addition to toher speeches given by the Chief of the High Judiciary Council Judge Farid Jallad, , Judge Mahmud Hammad- Judge of the Supreme Court and Chief of Borad at Palestinian Judges Society, Head of the Palestinian Bar Association, and Lawyer Yasser Jabr-Chief of the Borad of Directors at Musawa.
A number of legal papers concerning the formtion of a constitutional court in Palestine were presented by some international and regional experts as follow:
|
Day
|
Tilte of Legal Paper
|
Presenter
|
|
13/12/2009
|
Internal Political crisis and Obtainable Solutions
|
- Dr. Ali Assartawi (Ramallah) - Professor of Law at
An-Najah
National
University and Former Minister of Justice.
- Politician Mr. Abdullah Hurani (
Gaza ).
|
|
13/12/2009
|
The Impact on the Constitutional Review When the Judiciary System is Politicized and Factionalized
|
- Advocate Ala’ Taha (
Gaza ).
|
|
13/12/2009
|
Practices of Constitutional Monitoring According to the Basic Law
|
- Dr. Ahmad Al Khaldi (Ramallah) - Professor of Law at
An-Najah
National
University and a Former Minister of Justice.
|
|
13/12/2009
|
Benefits of a Constitutional Courtand the Court’s Ability to Function within the Palestinian Political Situation
|
- Dr. Muhammad Hammouri (
Amman ) – Professor of Law and Former Jordanian Minister.
|
|
13/12/2009
|
Until the Formation of the Constitutional Courtthe High Supreme Court is now in temporary control of duties and functions of the Constitutional Courtas provided in the Amended Basic Law
the High Supreme Court is now in temporary control of duties and functions of the Constitutional Courtas provided in the Amended Basic Law
|
- Judge Abdullah Ghuzlan- Judge of the Palestinian Supreme Court.
|
|
13/12/2009
|
Palestinian Law on Constitutional Court and the IBA Recommendation
|
- Prof. Eva Maria Bleser- Professor of Constitutional and Administrative Law,
Freburgh
University , Head of Federal Institution (
Switzerland ).
|
|
14/12/2009
|
Constitutional courts and international Human Rights Law
|
- Professor Steven Greer,
School of
Law ,
University of Bristol, U.K.
|
|
14/12/2009
|
Absence of the Legislative Council and its Impact on the Separation of Powers
|
- Dr. Nafez AL Madhun- University Professor (
Gaza ).
|
|
14/12/2009
|
Approaches of Musawa’s Initiative and Seyada Efforts
|
- Judge Cornelis BloK; ex-Judge specialized in Administrative law, and Project Manager of Seyada I(EC Funded Project).
|
|
14/12/2009
|
The Role of Constitutional Judiciary and Law in Protecting Human Rights- Comparative Study
|
- Prof. Robert Wintemute, Professor of Human Rights Law at King’s University,
London .
|
|
14/12/2009
|
Pros and Cons of Constitutional Court and a Constitutional council- and what should be the proper one for
Palestine ?
|
- Dr. Fathi Fekri, Professor and Head of General Law Department at
Cairo
University (
Cairo ).
|
|
14/12/2009
|
Constitutional Court- Experience of
Egypt- Critical Overview
|
- Consulate Abdul Aziz Selman, Head of the
Egyptian Supreme Constitutional Court
Commission (
Cairo ).
Commission ( Cairo ).
Commission ( Cairo ).
Commission ( Cairo ).
Commission ( Cairo ).
|
|
14/12/2009
|
Challenges facing the Constitutional Review in the Arab World
|
- Dr. Rafat Fouda, Professor of General Law at the
University of
Cairo (
Cairo ).
|
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