The Enhanced Role of the High Judicial Council and the Marginalized Role of the Ministry of Justice

Although the Palestinian legal system is based on the Latin system, the administration of justice in Palestine resembles that of the USA. The judiciary in the Palestinian legal system is a separate branch and manages its own human resources and budget; whereas the judiciary in the continental legal systems, including UK, is dependent on the executive for its administrative and financial functions. The Palestinian High Judicial Council (HJC) is the national administrator of justice. It has its own peculiarities, which is different from those present in most of the European countries, regarding the composition of the council; the body which has the power to appoint the members of the council; the process according to which they are appointed; andthe role of the council. As a result, the role of the Palestinian Ministry of Justice in the administration of justice is marginalized; meanwhile role of the HJC is enhanced. Recently, the Court Administrator Position has been developed to assist the HJC in managing the judicial system.