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Democracy Law And National Security In Israel
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Book Synopsis Democracy, Law, and National Security in Israel by : Menaḥem Hofnung
Download or read book Democracy, Law, and National Security in Israel written by Menaḥem Hofnung and published by Dartmouth Publishing Company. This book was released on 1996 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.
Book Synopsis Israel's National Security Law by : Amichai Cohen
Download or read book Israel's National Security Law written by Amichai Cohen and published by Routledge. This book was released on 2012-08-06 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.
Book Synopsis Security and Defensive Democracy in Israel by : Sharon Weinblum
Download or read book Security and Defensive Democracy in Israel written by Sharon Weinblum and published by Routledge. This book was released on 2015-01-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.
Book Synopsis National Security and Democracy in Israel by : Avner Yaniv
Download or read book National Security and Democracy in Israel written by Avner Yaniv and published by Lynne Rienner Publishers. This book was released on 1993 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents.
Book Synopsis Free Speech and National Security by : Shimon Shetreet
Download or read book Free Speech and National Security written by Shimon Shetreet and published by BRILL. This book was released on 2021-10-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defining Israel by : Simon Rabinovitch
Download or read book Defining Israel written by Simon Rabinovitch and published by Hebrew Union College Press. This book was released on 2018-11-12 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining Israel: The Jewish State, Democracy, and the Law is the first book in any language devoted to the controversial passage of Israel's nation-state law. Israel has no constitution, and though it calls itself the Jewish state there is no agreement among Israelis on how that fact should be reflected in the government's laws or by its courts. Since the 1990s a number of civil society groups and legislators have drafted constitutions and proposed Basic Laws with constitutional standing that would clarify what it means for Israel to be a "Jewish and democratic state." Are these bills liberal or chauvinist? Are they a defense of the Knesset or an attack on the independence of the courts? Is their intention democratic or anti-democratic? The fight over the nation-state law-whether to have one and what should be in it-toppled the 19th Knesset's governing coalition and, even after its passage on July 29, 2018, remains a point of contention among Israel's lawmakers and increasingly the Israeli public. Defining Israel brings together influential scholars, journalists, and politicians, observers and participants, opponents and proponents, Jews and Arabs, all debating the merits and meaning of Israel's nation-state law. Together with translations of each draft law, the final law, and other key documents, the essays and sources in Defining Israel are essential to understand the ongoing debate over what it means for Israel to be a Jewish and democratic state.
Book Synopsis Israeli Constitutional Law in the Making by : Gideon Sapir
Download or read book Israeli Constitutional Law in the Making written by Gideon Sapir and published by Bloomsbury Publishing. This book was released on 2013-10-31 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.
Book Synopsis David Ben-Gurion and the Foundation of Israeli Democracy by : Nir Kedar
Download or read book David Ben-Gurion and the Foundation of Israeli Democracy written by Nir Kedar and published by Indiana University Press. This book was released on 2021-12-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In David Ben-Gurion and the Foundation of Israeli Democracy, Nir Kedar offers a poignant study of the primary national founder of the State of Israel and the first prime minister of Israel. Kedar provides an explication of the making of Israeli democracy in terms of its institutional-legal structures and social-cultural underpinnings. David Ben-Gurion and the Foundation of Israeli Democracy connects the formal structures of democracy to the fundamental principles that they were constructed to serve—human freedom and dignity.
Book Synopsis The Last Days in Israel by : Abraham Diskin
Download or read book The Last Days in Israel written by Abraham Diskin and published by Psychology Press. This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the challenges and circumstances Israel has faced during the 1990s and addresses both the public's and leadership's singular goal of "peace and security".
Book Synopsis Routledge Handbook on Israeli Security by : Stuart A. Cohen
Download or read book Routledge Handbook on Israeli Security written by Stuart A. Cohen and published by Routledge. This book was released on 2018-10-17 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Israeli Security provides an authoritative survey of both the historical roots of Israel’s national security concerns and their principal contemporary expressions. Following an introduction setting out its central themes, the Handbook comprises 27 independent chapters, all written by experts in their fields, several of whom possess first-hand diplomatic and/or military experience at senior levels. An especially noteworthy feature of this volume is the space allotted to analyses of the impact of security challenges not just on Israel’s diplomatic and military postures (nuclear as well as conventional) but also on its cultural life and societal behavior. Specifically, it aims to fulfill three principal needs. The first is to illustrate the dynamic nature of Israel's security concerns and the ways in which they have evolved in response to changes in the country's diplomatic and geo-strategic environment, changes that have been further fueled by technological, economic and demographic transformations; Second, the book aims to examine how the evolving character of Israel's security challenges has generated multiple – and sometimes conflicting – interpretations of the very concept of "security", resulting in a series of dialogues both within Israeli society and between Israelis and their friends and allies abroad; Finally, it also discusses how areas of private and public life elsewhere considered inherently "civilian" and unrelated to security, such as artistic and cultural institutions, nevertheless do mirror the broader legal, economic and cultural consequences of this Israeli preoccupation with national security. This comprehensive and up-to-date collection of studies provides an authoritative and interdisciplinary guide to both the dynamism of Israel’s security dilemmas and to their multiple impacts on Israeli society. In addition to its insights and appeal for all people and countries forced to address the security issue in today’s world, this Handbook is a valuable resource for upper-level undergraduates and researchers with an interest in the Middle East and Israeli politics, international relations and security studies.
Book Synopsis Ramifications of the Nation State Law: Is Israeli Democracy at Risk?. by : Pnina Sharvit Baruch
Download or read book Ramifications of the Nation State Law: Is Israeli Democracy at Risk?. written by Pnina Sharvit Baruch and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Living without a Constitution by : Daphna Sharfman
Download or read book Living without a Constitution written by Daphna Sharfman and published by Routledge. This book was released on 2016-09-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the history of Israel since its birth, this comprehensive discussion focuses on the historical, ideological and political determinants of the civil rights issues within Israel. Important topics covered include the historical and ideological roots of Israeli democracy; the problems of a collective society during the establishment of a democratic state; the legal and political attitudes towards human rights in the Occupied Territories and the implications of these attitudes for the peace process; the dilemma of a democracy in a state of war; and problems of democracy versus national security. The author makes use of interviews with prominent national policy makers.
Book Synopsis Foundations of civil and political rights in Israel and the occupied territories by : Yvonne Schmidt
Download or read book Foundations of civil and political rights in Israel and the occupied territories written by Yvonne Schmidt and published by GRIN Verlag. This book was released on 2008-05-21 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the government to apply the inherited British mandatory security legislation as well as the own, by the Israeli parliament enacted emergency regulations. Israel's legal system has been built upon the duality of secular and religious law - a concept that was inherited from the Ottoman Millet tradition, first by the British mandatory government and then by the state of Israel. This study also includes important laws and Supreme Court judgments concerning civil and political rights that relate directly or indirectly to the territories occupied by Israel in the course of the war in June 1967.
Book Synopsis Routledge Handbook of Democracy and Security by : Leonard Weinberg
Download or read book Routledge Handbook of Democracy and Security written by Leonard Weinberg and published by Routledge. This book was released on 2020-12-22 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores how democracies around the world seek to balance democratic values with the requirement to protect their citizens from the threat of politically motivated violence. Over the past few decades, the majority of the world’s democracies have had to confront serious security threats, and in many instances these challenges have not come from rival states but from violent groups. This volume offers readers an overview of how some democracies have responded to such threats. It examines the extent to which authorities have felt compelled to modify laws to evade what would ordinarily be regarded as protected rights, such as personal privacy, freedom of movement and freedom of speech. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions. The case studies provided vary in terms of the durability of their democratic systems, level of economic development and the severity of the threats with which they have been confronted. The volume is divided into three thematic parts: Strong democracies: United States, Great Britain, France, Germany, Italy, Spain, Australia, New Zealand and Israel Challenged democracies: India, South Africa, Brazil, Argentina and Romania Fragile democracies: the Philippines and Nigeria. This book will be of much interest to students of democracy, security studies, political philosophy, Asian politics, Middle Eastern politics, African politics, West European politics and IR in general.
Book Synopsis Building Democracy on Sand by : Arye Carmon
Download or read book Building Democracy on Sand written by Arye Carmon and published by Hoover Press. This book was released on 2019-12-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than seven decades after the founding of Israel, the momentum to establish a Jewish state has led to remarkable achievements in the nation's “hardware”: stable structures in government, the military, and the economy. At the same time, the “operating system,” the guidelines that accommodate human diversity and enable coexistence, is still riddled with weaknesses. Arye Carmon diagnoses the critical vulnerabilities at the heart of Israeli democracy and the obstacles to forming a sustainable national consciousness. The author merges touching narratives about his own life in Israel with insightful ruminations on the Jewish diaspora and the arc of Israel's history, illuminating the conflicts between Jewish identities and between democratic values and the halacha—the collective body of Jewish religious laws.There is no consensus on the characteristics that define Israel as a state that is both Jewish and democratic. Rather, the struggle between a secular and a religious Jewish identity, amid voices promoting ethnocentric nationalism, threatens to sever the ties that strengthen democracy.This cultural fragility has far-reaching implications for Israeli institutions and deepens societal rifts. Israel lacks a constitution to bind its democracy and a bill of rights to safeguard the freedoms of its citizens, enable the inclusion of diverse outlooks and beliefs, and underpin the norms of its civil society.
Book Synopsis Judicial Review of National Security by : David Scharia
Download or read book Judicial Review of National Security written by David Scharia and published by Oxford University Press, USA. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.
Download or read book Ethnocracy written by Oren Yiftachel and published by University of Pennsylvania Press. This book was released on 2006-07-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: For Oren Yiftachel, the notion of ethnocracy suggests a political regime that facilitates expansion and control by a dominant ethnicity in contested lands. It is neither democratic nor authoritarian, with rights and capabilities depending primarily on ethnic origin and geographic location. In Ethnocracy: Land and Identity Politics in Israel/Palestine, he presents a new critical theory and comparative framework to account for the political geography of ethnocratic societies. According to Yiftachel, the primary manifestation of ethnocracy in Israel/Palestine has been a concerted strategy by the state of "Judaization." Yiftachel's book argues that ethnic relations—both between Jews and Palestinians, and among ethno-classes within each nation—have been shaped by the diverse aspects of the Judaization project and by resistance to that dynamic. Special place is devoted to the analysis of ethnically mixed cities and to the impact of Jewish immigration and settlement on collective identities. Tracing the dynamics of territorial and ethnic conflicts between Jews and Palestinians, Yiftachel examines the consequences of settlement, land, development, and planning policies. He assesses Israel's recent partial liberalization and the emergence of what he deems a "creeping apartheid" whereby increasingly impregnable ethnic, geographic, and economic barriers develop between groups vying for recognition, power, and resources. The book ends with an exploration of future scenarios, including the introduction of new agendas, such as binationalism and multiculturalism.
