The Israeli Legal System

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The Israeli Legal System

Author : Marcia Gelpe
Publisher :
ISBN 13 : 9781531008246
Total Pages : 0 pages
Book Rating : 4.0/5 (82 download)

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Book Synopsis The Israeli Legal System by : Marcia Gelpe

Download or read book The Israeli Legal System written by Marcia Gelpe and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a 2017 paperback printing of the hardback book originally published in 2013. Israel is a vibrant, modern economy of great interest to many American law students due to their religious and cultural connections to Israel and to the extensive business ties between American and Israeli entities. This book presents and analyzes the prominent features of the Israeli legal system, emphasizing the ways in which it differs significantly from American law. It includes chapters on the unique Israeli approach to constitutional law, the role of religious law in Israeli law, on the legal meaning of Israel's identity as a Jewish state, and on the system of family law that allows each religion to control matters of personal status. This book presents Israeli cases, many of them translated into English for the first time, as well as Israeli statutes. The discussion of the material has a strong comparative law aspect. All primary materials are accompanied by extensive explanatory comments, as well as questions for students.

The Israeli Legal System

Author : Christian Walter
Publisher : Nomos/Hart
ISBN 13 : 9781509931736
Total Pages : 304 pages
Book Rating : 4.9/5 (317 download)

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Book Synopsis The Israeli Legal System by : Christian Walter

Download or read book The Israeli Legal System written by Christian Walter and published by Nomos/Hart. This book was released on 2019-04-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume offers an introduction to the Israeli legal system. It includes a detailed analysis of the Foundations of the Israeli Law, Civil, Public and Criminal Law, Trade and Business Law as well as a presentation of Israel within the International Law.

The Israeli Constitution

Author : Gideon Sapir
Publisher : Oxford University Press
ISBN 13 : 0190680342
Total Pages : 419 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 419 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.

Jewish and Israeli Law - An Introduction

Author : Shimon Shetreet
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110387026
Total Pages : 614 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis Jewish and Israeli Law - An Introduction by : Shimon Shetreet

Download or read book Jewish and Israeli Law - An Introduction written by Shimon Shetreet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-05-08 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King’s College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander’s Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.

Problematizing Law, Rights, and Childhood in Israel/Palestine

Author : Hedi Viterbo
Publisher : Cambridge University Press
ISBN 13 : 1009027417
Total Pages : 370 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Problematizing Law, Rights, and Childhood in Israel/Palestine by : Hedi Viterbo

Download or read book Problematizing Law, Rights, and Childhood in Israel/Palestine written by Hedi Viterbo and published by Cambridge University Press. This book was released on 2021-08-05 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Hedi Viterbo radically challenges our picture of law, human rights, and childhood, both in and beyond the Israel/Palestine context. He reveals how Israel, rather than disregarding international law and children's rights, has used them to hone and legitimize its violence against Palestinians. He exposes the human rights community's complicity in this situation, due to its problematic assumptions about childhood, its uncritical embrace of international law, and its recurring emulation of Israel's security discourse. He examines how, and to what effect, both the state and its critics manufacture, shape, and weaponize the categories 'child' and 'adult.' Bridging disciplinary divides, Viterbo analyzes hundreds of previously unexamined sources, many of which are not publicly available. Bold, sophisticated, and informative, Problematizing Law, Rights, and Childhood in Israel/Palestine provides unique insights into the ever-tightening relationship between law, children's rights, and state violence, at both the local and global levels.

Justice for Some

Author : Noura Erakat
Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Law and the Culture of Israel

Author : Menachem Mautner
Publisher : Oxford University Press
ISBN 13 : 0199600562
Total Pages : 278 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Law and the Culture of Israel by : Menachem Mautner

Download or read book Law and the Culture of Israel written by Menachem Mautner and published by Oxford University Press. This book was released on 2011-01-27 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: For half a century a fierce struggle to shape Israeli culture has been waged in its legal system. Should Israel be a secular, liberal state, or governed by traditional Jewish law and culture? In this book Menachem Mautner tells the fascinating story of the political struggles to control Israeli law, and through it the culture of Israel itself.

Land Law and Policy in Israel

Author : Haim Sandberg
Publisher : Indiana University Press
ISBN 13 : 0253060478
Total Pages : 268 pages
Book Rating : 4.2/5 (53 download)

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Book Synopsis Land Law and Policy in Israel by : Haim Sandberg

Download or read book Land Law and Policy in Israel written by Haim Sandberg and published by Indiana University Press. This book was released on 2022-07-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the smallest and most densely populated countries in the world, the State of Israel faces serious land policy challenges and has a national identity laced with enormous internal contradictions. In Land Law and Policy in Israel, Haim Sandberg contends that if you really want to know the identity of a state, learn its land law and land policies. Sandberg argues that Israel's identity can best be understood by deciphering the code that lies in the Hebrew secret of Israeli dry land law. According to Sandberg, by examining the complex facets of property law and land policy, one finds a unique prism for comprehending Israel's most pronounced identity problems. Land Law and Policy in Israel explores how Israel's modern land system tries to bridge the gaps between past heritage and present needs, nationalization and privatization, bureaucracy and innovation, Jewish majority and non-Jewish minority, legislative creativity and judicial activism. The regulation of property and the determination of land usage have been the consequences of explicit choices made in the context of competing and evolving concepts of national identity. Land Law and Policy in Israel will prove to be a must-read not only for anyone interested in Israel but also for anyone who wants to understand the importance of land law in a nation's life.

Courts, Politics, and Culture in Israel

Author : Martin Edelman
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 Occupation of Justice

Author : David Kretzmer
Publisher : Oxford University Press, USA
ISBN 13 : 0190696028
Total Pages : 561 pages
Book Rating : 4.1/5 (96 download)

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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"--

The Purse and the Sword

Author : Daniel Friedmann
Publisher : Oxford University Press
ISBN 13 : 0190278501
Total Pages : 417 pages
Book Rating : 4.1/5 (92 download)

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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.

Legal Pluralism in the Holy City

Author : Dr Ido Shahar
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409410528
Total Pages : 241 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Legal Pluralism in the Holy City by : Dr Ido Shahar

Download or read book Legal Pluralism in the Holy City written by Dr Ido Shahar and published by Ashgate Publishing, Ltd.. This book was released on 2015-09-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers fresh perspectives on the phenomenon of legal pluralism, on shari'a law in practice and on Palestinian-Israeli relations in the divided city of Jerusalem. The study is based on participant observations in the studied shari'a court in contemporary West Jerusalem, as well as on textual and legal analyses of court cases and rulings, and suggests an organizational-institutional approach to legal pluralism, which examines not only the relations between bodies of law but also the relations between courts of law serving the same population.

Justice for All?

Author : Arye Rattner
Publisher : Praeger
ISBN 13 : 0275959082
Total Pages : 0 pages
Book Rating : 4.2/5 (759 download)

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Book Synopsis Justice for All? by : Arye Rattner

Download or read book Justice for All? written by Arye Rattner and published by Praeger. This book was released on 1998-08-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the Israeli criminal justice system treat its most significant minority group—the Arabs? This book explores the functioning of Israel's criminal justice system in the context of the volatile relationship between Jews and Arabs in Israel and the conflict between Jews and the Palestinians of the occupied territories. Examining decisions at each juncture of the system, the authors study the question of whether the system treats Arabs fairly and equally or discriminates against them. Aware of the potentially volatile nature of the subject, the authors have taken care to make the book methodologically sound and their findings level-headed. Their study shows that despite legislative efforts to protect minority rights and treat all citizens as equals, these goals are not always achieved. Arabs are treated differently in the criminal justice system.

The Unique Family Law in the State of Israel

Author : Yitshak Cohen
Publisher : Academic Studies PRess
ISBN 13 : 1644695421
Total Pages : 212 pages
Book Rating : 4.6/5 (446 download)

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Book Synopsis The Unique Family Law in the State of Israel by : Yitshak Cohen

Download or read book The Unique Family Law in the State of Israel written by Yitshak Cohen and published by Academic Studies PRess. This book was released on 2021-06-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.

Defining Israel

Author : Simon Rabinovitch
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 Dynamics of Exclusionary Constitutionalism

Author : Mazen Masri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902538
Total Pages : 257 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 2017-02-23 with total page 257 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.

Occupier's Law

Author : Raja Shehadeh
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Occupier's Law by : Raja Shehadeh

Download or read book Occupier's Law written by Raja Shehadeh and published by . This book was released on 1985 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyzes and documents the legal and human rights aspects of Israel's occupation of the West Bank. This new updated edition includes an analysis of the winter 1988 Palestinian uprising. Also included in the new edition are a new introduction discussing recent changes in Israeli legal policy, and an index.