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The Palestinian Constitutional Court
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Book Synopsis The Palestinian Constitutional Court by : Osayd Awawda
Download or read book The Palestinian Constitutional Court written by Osayd Awawda and published by Cambridge Scholars Publishing. This book was released on 2022-02-06 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.
Book Synopsis Constitution of Palestine by : Palestinian National Authority
Download or read book Constitution of Palestine written by Palestinian National Authority and published by Good Press. This book was released on 2020-12-08 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Palestine by the Palestinian National Authority is an account of the Palestinian National Charter. This document was adopted on 28 May 1964, establishing the Palestine Liberation Organization in Jerusalem. Excerpt: "The Palestinian National Covenant or Palestinian National Charter is the covenant or charter of the Palestine Liberation Organization (PLO). The Covenant is an ideological paper, written in the early days of the PLO."
Book Synopsis The Role of the Judiciary in the Protection of Human Rights by : Eugene Cotran
Download or read book The Role of the Judiciary in the Protection of Human Rights written by Eugene Cotran and published by BRILL. This book was released on 2023-10-16 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the conference 'The Role of the Judiciary in the Protection of Human Rights', held in Cairo, December 1996 under the auspices of the Supreme Constitutional Court of Egypt and the British Council.
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 Debating the Law, Creating Gender by : Irene Schneider
Download or read book Debating the Law, Creating Gender written by Irene Schneider and published by BRILL. This book was released on 2020-10-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analyzing “law in the making” between 2012 and 2018 and focusing on the conceptualization of gender, the book strives to determine why there is to date no family law in Palestine despite controversial public debates.
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, USA. This book was released on 2021 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--
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 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 Constitutional Courts in Asia by : Albert H. Y. Chen
Download or read book Constitutional Courts in Asia written by Albert H. Y. Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
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.
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 286 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.
Book Synopsis Constitutional Courts as Positive Legislators by : Allan R. Brewer-Carías
Download or read book Constitutional Courts as Positive Legislators written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2013-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.
Book Synopsis Justice in the West Bank? by : Yonah Jeremy Bob
Download or read book Justice in the West Bank? written by Yonah Jeremy Bob and published by Gefen Books. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ezra Schwartz, Asher Palmer, Naftali Fraenkel and others are American-Israelis or children of American-Israelis who were murdered by Palestinians in the West Bank. Where their murderers survived, they were brought to trial in the Israeli military West Bank Courts. The Palestinian side of the story is also told, including where Israeli military West Bank Courts ruled in favor of Palestinians. One central issue hanging over these twilight zone courts is how they address Palestinian terrorism against Israelis and American-Israelis. Another is trying to find a balanced truth with complex issues like dealing with Palestinian minors like Ahed Tamimi - who has rallied anti-Israel fervor across the globe -- hunger strikes and administrative detention. Justice in the West Bank? A Black, White and Gray Zone is a book and documentary project and the first-ever insider look at the West Bank justice system. It is also a balanced, human story, which follows the key legal personalities of the West Bank courts and their interactions in the high-profile cases that have come to define the Israeli-Palestinian conflict. Top IDF officials signed off on special never-before-given access to the chief West Bank prosecutor Maurice Hirsch, a South African-born, England-raised Jew whose parents were arrested and forced to flee for fighting against the apartheid regime in the late 1980s. Also weighing in, is the former chief justice Aharon Mishnayot who ushered in major reforms to expand Palestinian rights as well as several of the leading Jewish, Christian and Muslim attorneys who vigorously defend the Palestinians. Through this multi-lens perspective, we see up close and personal how Israels national security needs are weighed against her responsibilities as a democracy in the most complicated and notorious recent cases. We explore the fate of several dozen Palestinians who were convicted of murder, such as the rock throwing killer of American-Israeli Palmer, were sentenced to life in prison and then were released in the landmark Gilad Schalit prisoner exchange. Some were subsequently rearrested after the notorious kidnapping and killing of three Jewish teenagers, including American-Israeli Fraenkel, by Hamas operatives. They were arrested for their alleged links to Hamas more than for any evidence of their involvement. We see how Israel aims to reform its independent judiciary to better protect the rights of Palestinians, while the lawyers who defend Palestinians criticize the judiciary as illegal or unfair. We are reminded of whats at stake for Israel, as we walk through the gory details of several terrorist attacks and the plight of the judiciary to bring justice to the victims and their families without sacrificing Israels status as the only beacon of democracy, however imperfect, in the Middle East.
Book Synopsis The Law Reports of Palestine by : Palestine. Supreme Court
Download or read book The Law Reports of Palestine written by Palestine. Supreme Court and published by . This book was released on 1934 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional and Legal System of Israel by : Shabtai Rosenne
Download or read book The Constitutional and Legal System of Israel written by Shabtai Rosenne and published by . This book was released on 1957 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 256 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.
Book Synopsis Three Generations of European Constitutional Courts in Transition to Democracy by : Francesco Biagi
Download or read book Three Generations of European Constitutional Courts in Transition to Democracy written by Francesco Biagi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
