PhD Program in Public Law
Student must complete 48 credit hours
Speciality Requirements Student must complete 36 credit hours
| Course Code | Course Name | Credit Hours | Prerequests |
|---|---|---|---|
| 416800 | Critical Examination of The Texts Related to Substantive and Procedural Criminal Law | 3 |
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| This course will study substantive and procedural criminal law texts through a critical lens, examining them and evaluating their strengths and weaknesses to suggest potential improvements. It will also address any issues or legal gaps in the texts and examine the philosophy behind the legislation. The course will cover topics such as criminalization, punishment, and prosecution. | |||
| 416801 | Comparative Administrative Law | 3 |
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| This course will cover the topic of administrative actions and decisions, including the responsibilities of the administration, their consequences and perceptions, and the principle of administrative legitimacy. It will also explore the concept of administrative justice and its foundations, administrative contracts, and public funds protection. The course will delve into the incomplete and complete administrative judiciary and different types of control over administration, specifically focusing on judicial control in Palestine and other countries such as Jordan, Egypt, Morocco, and France. Additionally, the course will examine the methods of appealing administrative court decisions | |||
| 416802 | International Law and Treaty Law | 3 |
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| This course will examine the process and implications of Palestine joining more than 55 international treaties. It will delve into the study of international law, its relationship with national law, and the principles and methods of interpreting and implementing treaties. The course will specifically focus on the 1969 Vienna Convention on Treaties between States and the 1986 Convention on Treaties on International Organizations, which both uphold the principle of good faith. Additionally, the course will explore the difference between pre-law agreements and memorandums of understanding, which are considered "soft law" and have less binding force compared to treaty law, which is regarded as "hard law" as defined by Article 38 of the Statute of the Permanent Court of International Justice 1919. The course will also examine the binding nature of the Oslo Accords between the Palestine Liberation Organization and Israel. | |||
| 416803 | Studies in Comparative Constitutional Law | 3 |
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| This course will focus on modern constitutional theories such as constitutionalism, legitimacy, sovereignty, and exceptional cases. It will examine how various constitutional systems handle common and specific issues in constitutional law. Additionally, the course will delve into the recent reflections and constitutions that emerged from the Arab revolutions. By comparing constitutional systems of the United States, Europe, and modern Arab countries, the course aims to understand global trends in constitutional systems comprehensively. The comparative study will also benefit in understanding the constitutional approach adopted in these different regions. | |||
| 416804 | Economic International Law | 3 |
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| This course covers the fundamentals of international economic law, including its rules and legal framework, the potential for change in the international economic system, the actors involved, the relationship between developed and developing countries, and the role of international organizations such as the United Nations and multinational corporations. It also examines international economic agreements, dispute resolution, and the relationship between international economic law and other areas such as economic relations, regional mergers, and international trade and financial law. | |||
| 416805 | Analytical Examination of The Government Budget and Tax System | 3 |
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| This course covers budget regulation law and examines the Palestinian government budget and related laws, including the foundations of the budget, revenue sources and their uses, and the impact on Palestinian politics, economy, and society. It also delves into the role of the Legislative Council in approving and overseeing the government budget, as well as the connection between tax law and the budget | |||
| 416898 | Qualifying Exam | 0 |
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| 416899 | Thesis | 18 |
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| This doctoral program will involve the preparation of a dissertation on advanced topics in public law that have the potential to enhance the relevant legal systems and offer solutions to existing problems. | |||
Speciality Optional Requirements Student must complete 12 credit hours
| Course Code | Course Name | Credit Hours | Prerequests |
|---|---|---|---|
| 416850 | The Philosophy of Criminalization and Punishment in Islamic Law | 3 |
|
| This course will explore the principles that govern criminalization and punishment in accordance with Islamic Sharia. It will examine the characteristics, advantages, and objectives of this approach and the foundations of criminalization and punishment in Islamic law. The course will cover the different types of crimes in the Islamic penal system and the various types of punishments and methods of implementation prescribed in Islamic Sharia. It will also look at alternatives to traditional punishments and compare the philosophy of criminalization and punishment in Islamic law to that of man-made legislation. | |||
| 416851 | Philosophy of Modern and Comparative Criminal Policy | 3 |
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| This course will cover new developments in the field of criminal law, including modern criminal policy and the legislation that has been implemented in recent times to protect specific interests in society, such as penal laws related to the economy, environment, technology, and politics. The course will also examine modern penal systems and will compare them to traditional penal policy and the penal policies in other countries. | |||
| 416852 | In-depth Studies in International Criminal Law | 3 |
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| This course will provide an in-depth examination of the concept of international criminal law, including its sources, philosophy, and the most significant crimes it regulates such as genocide, crimes against humanity, war crimes, crimes of aggression, and terrorism. The course will also cover the elements of criminal responsibility under international criminal law and the rights of the accused and victims. The course will focus on the concept of international courts, including their origins, mandate, and procedures, as well as the challenges of enforcing international criminal law. | |||
| 416853 | Double Taxation | 3 |
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| This course will delve into the issue of double taxation in the tax system, beginning with exploring the concepts of taxation and tax assignment and their components. The course will examine the concept of double taxation, its different forms, and the reasons for its occurrence. It will also cover the mechanisms for reducing double taxation, including examining internal laws and international agreements that address the prevention of double taxation. The course will specifically focus on the tax agreements that Palestine has joined and measures to prevent tax evasion. | |||
| 416854 | History and Theory of International Law | 3 |
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| This course will cover two main areas: a historical aspect that will explore the foundations and principles of international law, and a theoretical aspect that will delve into the theoretical and ideological positions of international law. The historical aspect will focus on the contributions of other cultures to the development of modern international law, particularly the impact of Islamic law on the emergence of international law in Spain. The course will also examine the continuity and change in international law through history and the insights that studying past stages of international law can provide on current issues and problems. The theoretical aspect will examine various theories of international law, with a particular emphasis on critical perspectives throughout history. | |||
| 416855 | International Relations | 3 |
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| This course will cover the foundations of international relations, including the principles that govern relations between states in peacetime and wartime. It will examine the origins of international relations, the concept of sovereignty, treaties, and diplomatic relations. The course will also explore how international relations are regulated during peacetime and wartime, as well as mechanisms for preventing conflict. Additionally, the course will examine the legitimacy of war, the reasons for war, the rules of war, and the process of ending war and its impact on people and resources | |||
| 416856 | Political Ideology and Modern Political Systems | 3 |
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| This course will focus on the political ideology that has influenced the development of the semi-presidential system. It will delve into the theory of the semi-presidential system and trace its evolution from the Weimar Republic to the Fifth Republic in France. The course will also examine why countries in the former Soviet Union have adopted this system, and explore the mechanisms for its implementation and overthrow. The course will also apply this theory to the Arab world in the aftermath of the Arab revolutions, specifically focusing on the Palestinian situation since 2003 and beyond. The course will analyze the Palestinian government not only from a political perspective but also from a constitutional perspective to identify problems and suggest potential solutions for the future. | |||
| 416857 | Israeli Occupation and Occupation Law | 3 |
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| This course will investigate the evolution of the law of occupation by comparing historical examples of occupation, such as those that occurred in the 19th century and the two World Wars, to contemporary models of occupation, such as the Israeli occupation of Palestinian territories, the American occupation of Iraq, and the Turkish occupation of Cyprus. It will delve into the specific legal regime that applies to an occupation, which is different from the law governing the use of force. It will explore when an occupation begins and ends, the powers of an occupier in terms of legislation, the use of natural resources and occupation of public and private property, and the protection afforded by international humanitarian law to the occupied population. The course will also discuss the implications of long-term occupation, the relationship between occupation and the right to self-determination and permanent sovereignty over natural resources, and the question of reparations and compensation. | |||
| 416858 | Provisional Constitutions and Their Role in Maintaining Peace and Democracy | 3 |
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| This course will examine the concept of temporary constitutions that may arise from peace agreements or as a result of wars or conflicts. The course will focus on the role of these constitutions as a transitional step towards final constitutions. The course will be primarily based on comparative studies, comparing the different ways in which different countries have dealt with this issue | |||
| 416859 | Theories of Rights and Human Rights | 3 |
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| This course will focus on the significance of the Universal Declaration of Human Rights, which was adopted by the General Assembly in 1948. It will examine how it marked a turning point in the development of international law, specifically in the distinction between classical international law, which is based on sovereignty and state relations, and modern international law, which emphasizes human rights. The course will also explore how international human rights law has transformed international law as a whole through a constitutionalization approach. The course will focus on the intellectual and cultural origins of human rights, including the evolution of human rights from an idea to a fundamental part of internal constitutional law, as well as the role of UNESCO in establishing a cultural and intellectual basis for the universality of human rights before the Universal Declaration of Human Rights 1948. | |||
| 416860 | Comparative Constitutional Judiciary | 3 |
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| This course will focus on the establishment and role of the Supreme Constitutional Court in Palestine, which was formed in 2016. It will examine the decisions and interpretations issued by the court and evaluate its impact on the development of the legislative system in Palestine. Additionally, the course will explore the court's methods in interpreting laws to understand the constitutional judiciary in Palestine. | |||
| 416861 | Special Topic | 3 |
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| This course is designed to thoroughly examine a specific topic within public law. The subject of study will be selected based on the needs and interests of the students and the faculty members and will focus on emerging issues and trends in the field. | |||