Constitutional and Administrative Law
Constitutional and Administrative Law tests the limits on public power. The Palestinian Basic Law of 2003, as amended in 2005, establishes the separation of powers, rights and judicial review; administrative courts review decisions for legality.
Core rules
- Public authorities must act within statutory competence; ultra vires acts are annulled.
- Administrative decisions require a legal basis, proper procedure, reasons where required, and no abuse of discretion.
- Judicial review examines legality, not the merits; remedies include annulment and compensation.
- Rights may be restricted only by law and proportionately.
- Standing and time limits are jurisdictional; missing them bars review.
Worked example
A municipality orders a shop closed without a hearing or stated legal basis. The owner seeks annulment. The court finds the decision ultra vires and procedurally defective: the law required notice and a chance to respond. The closure is annulled; damages may follow if loss is proved. Reasoning: administrative legality has substantive and procedural limbs, and a good public purpose does not cure absent authority.
Traps
Confusing constitutionality with ordinary illegality; challenging policy instead of a decision; missing the objection or appeal period; ignoring standing.