The Impact of Technological Development On Legal Actions of Public Administration, Palestine as an Example
Issuing Administrative Decisions and Concluding Administrative Contracts (A Descriptive and Analytical Foundational Study)
DOI:
https://doi.org/10.68825/zhfrqt46Keywords:
Administrative law, information technology, electronic devices, electronic documents, administrative decision, administrative contract, electronic administrative decision, electronic administrative contractAbstract
This research examines the legal and technological dimensions of information technology and its use in the legal acts of public administration in Palestine. The study begins by distinguishing between electrical and electronic devices, as well as between analog and digital electronic systems, while clarifying the technological foundations upon which modern electronic devices operate, particularly the binary system, electronic memory, and methods of data storage and processing.
The research further analyzes the distinction between traditional paper-based documents, records, and complex data and their electronic counterparts, in addition to examining the different categories of software and applications used in public administration. In this context, the study distinguishes between software applications that operate according to direct user instructions and those that function autonomously through automated systems and artificial intelligence technologies.
The study also addresses the use of information technology in administrative decisions and administrative contracts under Palestinian law, with particular focus on the provisions of the Palestinian Electronic Transactions Law and the extent to which public administration authorities may rely upon electronic means in carrying out legal acts. The research highlights the legislative shortcomings surrounding the regulation of electronic administrative decisions and contracts and discusses the legal implications relating to notification, enforceability, legality, equality, and the evidentiary value of electronic communications and electronic signatures.
The research concludes that Palestinian legislation has permitted the use of electronic means in certain governmental transactions; however, such regulation remains limited and insufficient in addressing the special legal nature of administrative acts in the digital environment. The study therefore recommends the enactment of specialized administrative legislation capable of regulating electronic administrative decisions and contracts in a manner consistent with technological development while ensuring compliance with constitutional principles, legality, legal certainty, and equality before the law.
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