The Principle of Public Hearings in the Palestinian Civil Procedure Law NO 2 of 2001 and its Relation to Public Order Concept

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Mohammed Ibrahim Almashni, Yusramizza Binti Md. Isa, Nor Azlina Binti Mohd Noor

Résumé

The importance of the principle of public hearings or public of trial sessions clearly appears through the guarantee it provides to litigants during the hearing of the case before the court. This principle is affirmed in the Palestinian Civil and Commercial Procedures Law No. 2 of 2001 as well as in the Palestinian Basic Law of 2003. Public hearings are one of the fundamental guarantees in the litigation process because they create a kind of popular monitoring of the work of the judiciary, and they also create a sense of reassurance between people and litigants about the fairness and impartiality of the judges. This is what is stipulated by the laws of most countries, but it should be noted in this regard that each rule has an exception, so the general principle is public of trial sessions, but the Palestinian legislator excluded some cases and gave the court the freedom to make the session secret in certain cases. These cases relate to maintaining the confidentiality and sanctity of the family as well as to preserve public order and morals in society.

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