ACTS OF SOVEREIGNTY IN LIGHT OF ADMINISTRATIVE AND CONSTITUTIONAL JUISPRUDENCE IN PALESTINE

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and highlights the impact of such exclusion on the rule of law, constitutional legality, the separation of powers, and democratic legitimacy. The paper concludes by identifying the challenges created by the courts’ characterization of acts of sovereignty, critiquing the expansive application of this doctrine at the expense of constitutional rights, and offering a critical assessment of the rulings of the three courts as well as the role of the judiciary in safeguarding the constitutional order and ensuring that public decisions remain subject to judicial oversight.