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Democracy, Law, and National Security in Israel by Menaḥem Hofnung Pdf
This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.
Israel's National Security Law by Amichai Cohen,Stuart Cohen Pdf
Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.
Security and Defensive Democracy in Israel by Sharon Weinblum Pdf
This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.
Israeli Constitutional Law in the Making by Gideon Sapir,Daphne Barak-Erez,Aharon Barak Pdf
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.
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".
Routledge Handbook of Democracy and Security by Leonard Weinberg,Elizabeth Francis,Eliot Assoudeh Pdf
This handbook explores how democracies around the world seek to balance democratic values with the requirement to protect their citizens from the threat of politically motivated violence. Over the past few decades, the majority of the world’s democracies have had to confront serious security threats, and in many instances these challenges have not come from rival states but from violent groups. This volume offers readers an overview of how some democracies have responded to such threats. It examines the extent to which authorities have felt compelled to modify laws to evade what would ordinarily be regarded as protected rights, such as personal privacy, freedom of movement and freedom of speech. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions. The case studies provided vary in terms of the durability of their democratic systems, level of economic development and the severity of the threats with which they have been confronted. The volume is divided into three thematic parts: Strong democracies: United States, Great Britain, France, Germany, Italy, Spain, Australia, New Zealand and Israel Challenged democracies: India, South Africa, Brazil, Argentina and Romania Fragile democracies: the Philippines and Nigeria. This book will be of much interest to students of democracy, security studies, political philosophy, Asian politics, Middle Eastern politics, African politics, West European politics and IR in general.
Foundations of civil and political rights in Israel and the occupied territories by Yvonne Schmidt Pdf
Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the government to apply the inherited British mandatory security legislation as well as the own, by the Israeli parliament enacted emergency regulations. Israel's legal system has been built upon the duality of secular and religious law - a concept that was inherited from the Ottoman Millet tradition, first by the British mandatory government and then by the state of Israel. This study also includes important laws and Supreme Court judgments concerning civil and political rights that relate directly or indirectly to the territories occupied by Israel in the course of the war in June 1967.
Author : Martin Edelman Publisher : University of Virginia Press Page : 194 pages File Size : 52,7 Mb Release : 1994 Category : History ISBN : 0813915074
Israel and the Struggle over the International Laws of War by Peter Berkowitz Pdf
The author argues that Israel stands on the frontlines of a new struggle over the international laws of war and exposes abuses of law that have been promulgated by international human rights lawyers, UN bodies, and intellectuals to illegitimately circumscribe the right of liberal democracies to defend themselves against transnational terrorists. The Goldstone Report, which was published by the United Nations in September 2009, and the Gaza flotilla controversy, which erupted at the end of May 2010, are examples of those abuses. This book criticizes the flawed assumptions and defective claims arising from both the Goldstone Report and the Gaza flotilla controversy, showing how the legal principles and conclusions advanced by many of Israel's critics threaten not only Israel's national security interests but the United States' as well.
Human Rights in Times of Transition by Kasey McCall-Smith,Andrea Birdsall,Elisenda Casanas Adam Pdf
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
Judicial Review of National Security by David Scharia Pdf
Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.
Routledge Handbook on Israeli Security by Stuart A. Cohen,Aharon Klieman Pdf
The Routledge Handbook on Israeli Security provides an authoritative survey of both the historical roots of Israel’s national security concerns and their principal contemporary expressions. Following an introduction setting out its central themes, the Handbook comprises 27 independent chapters, all written by experts in their fields, several of whom possess first-hand diplomatic and/or military experience at senior levels. An especially noteworthy feature of this volume is the space allotted to analyses of the impact of security challenges not just on Israel’s diplomatic and military postures (nuclear as well as conventional) but also on its cultural life and societal behavior. Specifically, it aims to fulfill three principal needs. The first is to illustrate the dynamic nature of Israel's security concerns and the ways in which they have evolved in response to changes in the country's diplomatic and geo-strategic environment, changes that have been further fueled by technological, economic and demographic transformations; Second, the book aims to examine how the evolving character of Israel's security challenges has generated multiple – and sometimes conflicting – interpretations of the very concept of "security", resulting in a series of dialogues both within Israeli society and between Israelis and their friends and allies abroad; Finally, it also discusses how areas of private and public life elsewhere considered inherently "civilian" and unrelated to security, such as artistic and cultural institutions, nevertheless do mirror the broader legal, economic and cultural consequences of this Israeli preoccupation with national security. This comprehensive and up-to-date collection of studies provides an authoritative and interdisciplinary guide to both the dynamism of Israel’s security dilemmas and to their multiple impacts on Israeli society. In addition to its insights and appeal for all people and countries forced to address the security issue in today’s world, this Handbook is a valuable resource for upper-level undergraduates and researchers with an interest in the Middle East and Israeli politics, international relations and security studies.
