RAMALLAH, October 25, 2009 (WAFA)- Assistant Undersecretary for Professions and Legal Affairs at the Ministry of Justice, Ali Abu Diak, said that “legislation is an expression of the legislator’s will.”
In a legal opinion written, today, about the constitutionality of President Mahmoud Abbas’ decree calling for presidential and legislative elections, Abu Diak said that it is difficult to talk about violating the elections law in the Basic Law, as if every law was approved apart from the other, and by a different authority. He noted that it can only be judged as unconstitutional by the Constitutional Court; the very formation of the Constitutional Court.
He added that politicians, who respect the law and justice, cannot say that this law is unconstitutional, because by saying this, they violate the validity of the relevant court.
As well, he added that politicians, cannot determine the invalidity of the law, but leave it to the Constitutional Court, which is entrusted with the consideration of the constitutionality of legislations.
