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All Journal Jurnal Ilmiah Hukum LEGALITY Hang Tuah Law Journal
Emad Mohammad Al Amaren
School of Law, Universiti Utara Malaysia
Law, Crime, Criminology & Criminal Justice

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The judicial control over the constitutionality of laws in the State of Palestine Ahmed M A Hamad; Emad Mohammad Al Amaren; Omar Farouk Al Mashhour; Kukuh Tejomurti; Haslinda binti Mohd. Anuar; Rohizan binti Halim
Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

This article aimed to explore judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation. The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research using the legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts. In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyze the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy.
Appraising The Law of Wills in A Contract Emad Mohammad Al Amaren; Rachma Indriyani
Hang Tuah Law Journal VOLUME 3 ISSUE 1, APRIL 2019
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v3i1.202

Abstract

Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. This study reckons the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.
Co-Authors Ahmed M A Hamad Haslinda binti Mohd. Anuar Kukuh Tejomurti Omar Farouk Al Mashhour Rachma Indriyani Rohizan binti Halim