Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel

Author : Johannes Müller
Publisher : GRIN Verlag
Page : 69 pages
File Size : 55,7 Mb
Release : 2007-07
Category : Electronic
ISBN : 9783638680172

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

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 : Assaf Meydani
Publisher : Cambridge University Press
Page : 223 pages
File Size : 53,5 Mb
Release : 2011-07-25
Category : Law
ISBN : 9781139501675

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The Israeli Supreme Court and the Human Rights Revolution by Assaf Meydani Pdf

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.

Author : Gideon Sapir,Daphne Barak-Erez,Aharon Barak
Publisher : A&C Black
Page : 1030 pages
File Size : 55,5 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251859

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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.

Author : Suzie Navot
Publisher : Bloomsbury Publishing
Page : 314 pages
File Size : 48,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467544

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The Constitution of Israel by Suzie Navot Pdf

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.

Author : Assaf Meydani
Publisher : Cambridge University Press
Page : 313 pages
File Size : 53,9 Mb
Release : 2014-03-24
Category : Law
ISBN : 9781107054578

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The Anatomy of Human Rights in Israel by Assaf Meydani Pdf

This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. It explains 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.

Author : Gideon Doron,Arye Naor,Assaf Meydani
Publisher : Routledge
Page : 178 pages
File Size : 44,9 Mb
Release : 2013-10-31
Category : Political Science
ISBN : 9781317965688

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Law and Government in Israel by Gideon Doron,Arye Naor,Assaf Meydani Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2024-07-02
Category : Electronic
ISBN : 9780190680329

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by Anonim Pdf

Author : Abraham Diskin
Publisher : Routledge
Page : 178 pages
File Size : 44,5 Mb
Release : 2003-03
Category : Political Science
ISBN : 9781135759452

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The Last Days in Israel by Abraham Diskin Pdf

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".

Author : Daphna Sharfman
Publisher : Routledge
Page : 200 pages
File Size : 42,5 Mb
Release : 2016-09-16
Category : Political Science
ISBN : 9781315485553

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Living without a Constitution by Daphna Sharfman Pdf

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.

Author : Simon Rabinovitch
Publisher : Hebrew Union College Press
Page : 428 pages
File Size : 43,6 Mb
Release : 2018-11-12
Category : History
ISBN : 9780878201631

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Defining Israel by Simon Rabinovitch Pdf

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.

Author : Martin Edelman
Publisher : University of Virginia Press
Page : 194 pages
File Size : 45,9 Mb
Release : 1994
Category : History
ISBN : 0813915074

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Courts, Politics, and Culture in Israel by Martin Edelman Pdf

Moreover, Israel lacks the organizing structure and directing force provided by a written constitution.

Author : Aharon Barak
Publisher : Princeton University Press
Page : 355 pages
File Size : 45,8 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827046

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The Judge in a Democracy by Aharon Barak Pdf

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.

Author : Ran Hirschl
Publisher : Harvard University Press
Page : 306 pages
File Size : 49,8 Mb
Release : 2009-06-30
Category : Law
ISBN : 0674038673

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Towards Juristocracy by Ran Hirschl Pdf

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Author : Alexander Yakobson,Amnon Rubinstein
Publisher : Routledge
Page : 258 pages
File Size : 41,6 Mb
Release : 2008-09-03
Category : Political Science
ISBN : 9781134040773

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Israel and the Family of Nations by Alexander Yakobson,Amnon Rubinstein Pdf

Can Israel be both Jewish and truly democratic? How can a nation–state, which incorporates a large national minority with a distinct identity of its own be a state of all its citizens? Written by two eminent Israeli scholars, a professor of constitutional law and a historian, Alexander Yakobson and Amnon Rubinstein are the first to treat Zionism and Israeli experience in light of other states’ experiences and in particular of newly established states that have undergone constitutional changes and wrestled with issues of minorities. Citing various European, constitutions and laws, the authors explore concept of a Jewish State and its various meanings in the light of international law, and the current norms of Human Rights as applied to other democratic societies compatible with liberal democratic norms and conclude that international reality does not accord with the concept which regards a modern, liberal democracy as a culturally "neutral" and a nationally colourless entity. In light of the new political map in Israel and the prospect of future disengagement from the West Bank, Israel and the Family of Nations is essential reading for all those who wish to understand Israel’s future challenges.

Author : Yvonne Schmidt
Publisher : GRIN Verlag
Page : 637 pages
File Size : 44,5 Mb
Release : 2008-05
Category : Human rights
ISBN : 9783638944502

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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, 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