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The Israeli Supreme Court And The Human Rights Revolution
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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 . This book was released on 2011 with total page 207 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"--Provided by publisher.
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.
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.
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.
Author : Publisher : ISBN 13 :0190680326 Total Pages : pages Book Rating :4.1/5 (96 download)
Book Synopsis The Occupation of Justice by : David Kretzmer
Download or read book The Occupation of Justice written by David Kretzmer and published by Oxford University Press. This book was released on 2021-02-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by Israel's Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel's legal and political control of these territories. The Occupation of Justice presents a comprehensive discussion of the Court's decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court's approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices, and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in a territory in which the inhabitants are not part of the political community the Court belongs to. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government's policies. The study shows that while the Court's review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.
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.
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.
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
Book Synopsis The Purse and the Sword by : Daniel Friedmann
Download or read book The Purse and the Sword written by Daniel Friedmann and published by Oxford University Press. This book was released on 2016 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches. "--
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.
Book Synopsis Israel Yearbook on Human Rights 1985 by : Yoram Dinstein
Download or read book Israel Yearbook on Human Rights 1985 written by Yoram Dinstein and published by Martinus Nijhoff Publishers. This book was released on 1989-05-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The" Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). The Articles section of Volume 33 contains articles on Legal Aspects of Emergency Regimes.
Book Synopsis Public Law in Israel by : Itzhak Zamir
Download or read book Public Law in Israel written by Itzhak Zamir and published by Oxford University Press on Demand. This book was released on 1996 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The origins of this work lie in an attempt by Israeli lawyers to describe and analyse the remarkable efforts of the Supreme Court of Israel to intervene in all kinds of government actions on behalf of basic civil rights and the preservation of the rule of law. Working essentially with the basic English common law tools of constitutional and administrative law, and without the aid of a written Bill of Rights, The Supreme Court recognized that Israel's special political and social realitieswarranted an extraordinary judicial vigilance. Its rich bounty of jurisprudence reveals a judiciary prepared to deviate from the established common law rules concerning non-justiciability, administrative discretion and judicial restraint, as well as the ordinary rules of locus standi whenever faced with the denial of justice or of deprivation of basic civil rights. The book is divided into three sections: human rights; adminstrative action; and judicial review. The format of the book is a series of chapters examining the principal topics under each of these headings followed by selected primary sources - either laws enacted by the Knesset or decisions of the Supreme Court. In this form it gives the readers both an excellent overview of the present state of public law in Israel as well as access to the sources required to understand, at a more profound level, the forces which shape it.
Download or read book Solomonic Justice written by D. Joseph and published by Inprintbooks. This book was released on 2022-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel has been an experi-ment in democracy in the Middle East for 75 years. Israel's Supreme Court has been the most suc-cessful branch of govern-ment in Israel, taking the lead in protecting the rights of minorities, Arabs, Ethiopian Jews and others. The High Court has also opened the doors to most challenges to government authority. Unlike the United States, most citizens groups in Israel have standing to challenge government ac-tion, including the loc-ation of the border wall built between Israel and the West Bank. Israeli justices are re-quired to retire at age 70 ensuring turnover on the Supreme Court. Unlike courts in the United States and the United Kingdom, decisions of the Israeli Supreme Court often give partial victories to both sides. The U.S. and the U.K. have more winner-take-all decisions. Where there is Solomonic Justice both sides come away with a claim to success.
Book Synopsis The Environmental Rights Revolution by : David R. Boyd
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Book Synopsis Proportionality in Action by : Mordechai Kremnitzer
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Book Synopsis The Wall and the Gate by : Michael Sfard
Download or read book The Wall and the Gate written by Michael Sfard and published by Metropolitan Books. This book was released on 2018-01-23 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A farmer from a village in the occupied West Bank, cut off from his olive groves by the construction of Israel’s controversial separation wall, asked Israeli human rights lawyer Michael Sfard to petition the courts to allow a gate to be built in the wall. While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country’s High Court―that is, in the court of the abuser. [This book] chronicles this struggle―a story that has never before been fully told― and in the process engages the core principles of human rights legal ethics. [The author] recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings―all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself."--
