The present study provides an original academic attempt that attempts to demonstrate the legal frameworks and practical benefits to achieve judicial review on the decisions of the non-governmental higher education institutions through deep legal analysis for two main pillars. The first one is related to the theoretical legal aspects of the jurisdiction of administrative judiciary in respect to decisions made by educational institutions that do not fall within the description of administrative authority, especially since the Palestinian legislator has presented outstanding legal data in this area, in terms of expanding the scope of judicial supervision, so as to include the decisions of all institutions of higher education whether they are governmental or non-governmental institutions, and the consequent reconsideration of the concept of administrative decision which has been affected in its individuality and natural adaptation as a legal act used by the administrative authority to exercise its activity and achieve its objectives.

The second pillar focuses on presenting some concentrated practical ideas to assess the position of the Palestinian legislator, when he has granted the related party the right to appeal the annulment of the decision of the non-governmental higher education institution before the Supreme Court of Justice (Administrative Court of Palestine),from the perspective whether the legislative policy drawn up in this framework is justified in the real aspect or not; and if it adopted as an alternative to the exercise of administrative authority for its original role in supervising the higher education facility, which is considered one of the basic facilities in the country.

Title

مجلة الجامعة الإسلامية للدراسات الشرعية و القانونية

Publisher

الجامعة الإسلامية غزة

Publisher Country

Palestine

Publication Type

Online only

Volume

28

Year

2020

Pages

312-335