Constitutional and Administrative Law
Constitutional and Administrative Law tests the Basic Law, separation of powers, rights and judicial review of administrative action. The Palestinian Basic Law of 2003, as amended, is the reference for constitutional questions; administrative law applies legality, jurisdiction and procedural fairness to public bodies.
Core rules
- The Basic Law protects equality, personal liberty, fair trial, property and freedom of expression, subject to lawful limits.
- Administrative decisions must have a legal basis, be within the authority's jurisdiction, follow procedure, give reasons where required and respect legitimate expectations.
- Courts review legality, not the merits of policy choices, unless the decision is disproportionate or arbitrary.
- Delegated legislation must stay within the enabling statute.
Worked example
A municipality refuses a licence without giving reasons or hearing the applicant. The applicant challenges the refusal. The court asks whether the municipality had power, whether the procedure was followed and whether the reason was disclosed. A bare refusal may be quashed for lack of reasons and for breach of the right to be heard. The court may remit the matter for a lawful decision, not grant the licence itself.
Traps
Treating the Basic Law as ordinary statute; ignoring standing and exhaustion; confusing constitutionality with administrative illegality; missing time limits for review.