Israel as a Constitutional Democracy? The "Constitutional Revolution" and the High Court of Justice in the Political System of Israel

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Publisher : GRIN Verlag
ISBN 13 : 3638680177
Total Pages : 69 pages
Book Rating : 4.6/5 (386 download)

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Book Synopsis Israel as a Constitutional Democracy? The "Constitutional Revolution" and the High Court of Justice in the Political System of Israel by : Johannes Müller

Download or read book Israel as a Constitutional Democracy? The "Constitutional Revolution" and the High Court of Justice in the Political System of Israel written by Johannes Müller and published by GRIN Verlag. This book was released on 2007-07 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2004 in the subject Politics - International Politics - Region: Near East, Near Orient, grade: 1,0, University of London (School of Oriental and African Studies), course: Political Systems of the Modern Middle East (SOAS), 127 entries in the bibliography, language: English, abstract: This dissertation discusses the role of the Israeli High Court of Justice within the political system of Israel after the enactment of two Basic Laws in 1992. The main thesis is that the power of the court has been much overestimated. In particular, the large assumptions connected to the 'constitutional revolution' that many saw in the enactment of the 1992 laws must be refuted. This paper argues that the alleged 'revolution' was a myth, and that fundamentally nothing much has changed. The political system largely remained untouched by the 1992 laws. This dissertation defines the role of the court as a mediator between particularistic and universal values rather than promoting universal human rights, or protecting minority rights. In fact, the role of the High Court must be regarded as stabilizing an essentially undemocratic system by legitimising government policies and by supporting a discourse that maintains the democratic fa ade of the system. The enactment of a constitution has not been promoted by Chief Justice Barak's activism, and indeed has made the enactment of a constitution much less likely.

Israeli Constitutional Law in the Making

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Publisher : A&C Black
ISBN 13 : 1782251855
Total Pages : 1030 pages
Book Rating : 4.7/5 (822 download)

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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 A&C Black. This book was released on 2014-07-18 with total page 1030 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.

The Israeli Supreme Court and the Human Rights Revolution

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Publisher : Cambridge University Press
ISBN 13 : 1139501674
Total Pages : 223 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Israeli Supreme Court and the Human Rights Revolution by : Assaf Meydani

Download or read book The Israeli Supreme Court and the Human Rights Revolution written by Assaf Meydani and published by Cambridge University Press. This book was released on 2011-07-25 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The Court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.

The Constitution of Israel

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782252096
Total Pages : 254 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Constitution of Israel by : Suzie Navot

Download or read book The Constitution of Israel written by Suzie Navot and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the main features of the Israeli constitutional system and a topical discussion of Israel's basic laws. It focuses on constitutional history and the peculiar decision to frame a constitution 'by stages'. Following its British heritage and the lack of a formal constitution, Israel's democracy grew for more than four decades on the principle of parliamentary supremacy. Introducing a constitutional model and the concept of judicial review of laws, the 'constitutional revolution' of the 1990s started a new era in Israel's constitutional history. The book's main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse. It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Finally, the book offers a critical discussion of the development of Israel's constitution and local projects aimed at enacting a single and comprehensive text.

Law and Government in Israel

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Publisher : Routledge
ISBN 13 : 131796568X
Total Pages : 178 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Law and Government in Israel by : Gideon Doron

Download or read book Law and Government in Israel written by Gideon Doron and published by Routledge. This book was released on 2013-10-31 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.

Living without a Constitution

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Publisher : Routledge
ISBN 13 : 1315485559
Total Pages : 200 pages
Book Rating : 4.3/5 (154 download)

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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.

Defining Israel

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Publisher : Hebrew Union College Press
ISBN 13 : 0878201637
Total Pages : 428 pages
Book Rating : 4.8/5 (782 download)

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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.

The Anatomy of Human Rights in Israel

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Publisher : Cambridge University Press
ISBN 13 : 1107054575
Total Pages : 313 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Anatomy of Human Rights in Israel by : Assaf Meydani

Download or read book The Anatomy of Human Rights in Israel written by Assaf Meydani and published by Cambridge University Press. This book was released on 2014-03-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is there such a large gap between the declarations that countries make about human rights and their imperfect implementation of them? Why do states that have enacted laws and signed treaties about human rights choose to not enforce these laws in daily life? Why have activists failed to achieve the goals of ensuring human rights domestically and internationally? This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. To do so, it integrates the tools of social choice theory with a unique institutionalist perspective that looks at both formal and informal, and local and international factors. The book offers an analysis explaining the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights.

The Israeli Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190680334
Total Pages : 248 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Israeli Constitution by : Gideon Sapir

Download or read book The Israeli Constitution written by Gideon Sapir and published by Oxford University Press. This book was released on 2018-07-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israeli constitutional law is a sphere of many contradictions and traditions. Growing out of British law absorbed by the legal system of Mandate Palestine, Israeli constitutional law has followed the path of constitutional law based on unwritten constitutional principles. This book evaluates the development of the Israeli constitution from an unwritten British-style body of law to the declaration of the Basic Laws as the de facto Israeli constitution by the supreme court and on through the present day. The book is divided into a chronological history, devoted to a description of the process of establishing a constitution; and a thematic one, devoted to the review and evaluation of major constitutional issues that are also the subject of discussion and research in other countries, with emphasis on the unique characteristics of the Israeli case.

Apple of Gold

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Publisher : Princeton University Press
ISBN 13 : 1400887216
Total Pages : 294 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Apple of Gold by : Gary J. Jacobsohn

Download or read book Apple of Gold written by Gary J. Jacobsohn and published by Princeton University Press. This book was released on 2017-03-14 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: By comparing the constitutional systems of Israel and the United States, Gary Jacobsohn provides a new view of the essentials of constitutionalism itself--a balanced picture that would have been impossible to achieve by focusing on any one polity. Abraham Lincoln, in likening the Declaration of Independence to the Biblical "apple of gold," and the Constitution to its "picture of silver," illuminated the connections in the United States between political ideas and constitutional government. Jacobsohn applies Lincoln's insight to the Israeli experience to develop a deeper understanding of the relationship between political culture and constitutionalism, and the limits and possibilities for constitutional transplantation. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Last Days in Israel

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Publisher : Psychology Press
ISBN 13 : 9780714654218
Total Pages : 212 pages
Book Rating : 4.6/5 (542 download)

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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".

Constitutionalism

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Publisher : University Press of America
ISBN 13 : 9780819177988
Total Pages : 290 pages
Book Rating : 4.1/5 (779 download)

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Book Synopsis Constitutionalism by : Daniel Judah Elazar

Download or read book Constitutionalism written by Daniel Judah Elazar and published by University Press of America. This book was released on 1990 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Israel today there is increasingly vigorous support for the framing of a constitution. At the same time there is almost no recognition that in forty years Israel has acquired an almost complete set of basic laws that form a constitution. The aims of this volume are threefold: to inform the Israeli public and the world as to what exists and consider what still is needed in the way of a constitution; to enter constitutionalism firmly on the Israeli public agenda; and to learn from the American experience. The author shows that Israel's constitution is more than anything else a modern adaptation of an ancient constitution. Contents: Israel and Models of Modern Constitutionalism; The Politics of Constitution-Making in the United States and Israel; Issues of Constitutional Design: Civil Rights and Liberties; Issues of Constitutional Design: Interjurisdictional Relations; The State of Constitutionalism in the United States and Israel: Where Do We Go from Here? R Co-publised with the Jerusalem Center for Public Affairs.

Courts, Politics, and Culture in Israel

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Publisher : University of Virginia Press
ISBN 13 : 9780813915074
Total Pages : 194 pages
Book Rating : 4.9/5 (15 download)

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Book Synopsis Courts, Politics, and Culture in Israel by : Martin Edelman

Download or read book Courts, Politics, and Culture in Israel written by Martin Edelman and published by University of Virginia Press. This book was released on 1994 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moreover, Israel lacks the organizing structure and directing force provided by a written constitution.

The Judge in a Democracy

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Publisher : Princeton University Press
ISBN 13 : 1400827043
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis The Judge in a Democracy by : Aharon Barak

Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

The Tyranny of the Minority. The Effectiveness of Policy Making in Israel

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Publisher : GRIN Verlag
ISBN 13 : 3656535957
Total Pages : 16 pages
Book Rating : 4.6/5 (565 download)

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Book Synopsis The Tyranny of the Minority. The Effectiveness of Policy Making in Israel by : Badir Bayramov

Download or read book The Tyranny of the Minority. The Effectiveness of Policy Making in Israel written by Badir Bayramov and published by GRIN Verlag. This book was released on 2013-11-07 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Politics - Region: Near East, Near Orient, grade: 1,0, University of Potsdam, language: English, abstract: The Tyranny of the Minority: The effectiveness of policy making in Israel. Introduction to Israel’s Political System As a fledgling nation facing a unique set of social challenges and physical threats, the democracy of Israel was created in an incredibly volatile environment. Nonetheless, in certain respects Israeli democracy has shown itself to be remarkably stable—for example, not once in Israel’s sixty-five year history have the results of a major election been challenged. In other respects, however, Israeli democracy has presented itself as fundamentally unstable and subject to perpetual inefficiency. This is further exacerbated by the fact that unlike most Western democracies, the state of Israel lacks a formal constitution; instead, Israel has passed a set of Basic Laws intended to fill the gap. One symptom of this perpetually unstable condition is the frequency in which Israel changes the makeup of its governing coalitions—in Israel’s brief history of sixty-five years, there have been thirty-one different governments. The question becomes, to what extent is such an erratic democracy able to set policy and govern effectively? In what follows, this question will be analyzed thoroughly, with an emphasis placed on the role that Israel’s multiparty political system plays in this process. The political system in Israel is a parliamentary system based strictly on proportional representation. This was a system Israel adopted in the aftermath of the period of the British Mandate in order to accommodate the starkly different social, political and religious groups—and particularly the vast waves of immigrants—that composed its population. In Israel’s parliamentary system, a party receives seats in the Knesset in proportion to the number of votes that they received in the legislative elections. Keeping in line with an accepted principle in political science known as Dueverger’s law , this is a political system which tends to promote the existence of many parties, and Israeli democracy can serve as the poster child for this theory. In Israel’s most recent legislative elections in January of 2013, thirty-four different parties were represented on the ballot, twelve of which passed the 2% electoral threshold and are currently sitting in the Knesset. The political system in Israel is further complicated by the complex interplay between the diverse religious, economic, political and social groups it possesses...

The Dynamics of Exclusionary Constitutionalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902546
Total Pages : 224 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Dynamics of Exclusionary Constitutionalism by : Mazen Masri

Download or read book The Dynamics of Exclusionary Constitutionalism written by Mazen Masri and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.

Foundations of Civil and Political Rights in Israel and the Occupied Territories

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Publisher : GRIN Verlag
ISBN 13 : 3638944506
Total Pages : 637 pages
Book Rating : 4.6/5 (389 download)

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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 with total page 637 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, 321 entries in the bibliography, 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