Justice for All?

Jews and Arabs in the Israeli Criminal Justice System

Author: Arye Rattner,Gideon Fishman

Publisher: Greenwood Publishing Group

ISBN: 9780275959081

Category: Social Science

Page: 138

View: 330

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Israeli social scientists examine each stage of the criminal justice process, hoping to clear the system from suspicion of inequality. They found however that Arabs do not receive equal treatment. They trace the problem not to deliberate bias by justice personnel, but to the pervading prejudices and

Jewish and Israeli Law - An Introduction

Author: Shimon Shetreet,Walter Homolka

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 3899497945

Category: Law

Page: 621

View: 2463

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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.

Courting Conflict

The Israeli Military Court System in the West Bank and Gaza

Author: Lisa Hajjar

Publisher: Univ of California Press

ISBN: 9780520937987

Category: History

Page: 335

View: 597

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Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.

The Constitution of Israel

A Contextual Analysis

Author: Suzie Navot

Publisher: Bloomsbury Publishing

ISBN: 1782252096

Category: Law

Page: 286

View: 9874

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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.

Introduction to the Law of Israel

Author: Amos Shapira,Keren C. DeWitt-Arar

Publisher: N.A

ISBN: N.A

Category: Law

Page: 424

View: 3847

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This book introduces the main features of the Israeli legal culture in its historical perspective; it identifies the basic legal sources, institutions and processes and provides adequate information about the principal branches of the law. The book offers an authoritative summary but coherent, compact yet systematic account of the major customs of the law of Israel. It is addressed to legal practitioners, government officials, administrators, businessmen, students, researchers and scholars interested in an informative orientation and a reliable overview of Israeli law and legal institutions.

The Purse and the Sword

The Trials of Israel's Legal Revolution

Author: Haim Watzman

Publisher: Oxford University Press

ISBN: 0190278501

Category: Courts of last resort

Page: 416

View: 6139

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" 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. "--

Private International Law in Israel

Author: Talia Einhorn

Publisher: Kluwer Law International

ISBN: 9041128670

Category: Law

Page: 393

View: 2406

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Israel's private international law (PIL) regime is not codified, nor is it clearly traceable to any one legal system. For these reasons, this volume serves an immensely useful purpose for foreign parties with interests in Israel. It sets forth, in clear and comprehensive detail, all the elements of practice necessary to protect rights or assets of any nature of foreign aspect but likely to fall under Israeli law or under the jurisdiction of an Israeli court. Among the book's many practice-oriented pointers and clarifications the reader will find the following and more: national and international sources of Israeli PIL; types of choice-of-law rules; characterization of legal matters; natural and legal persons; contractual and non-contractual obligations; property law (movables, immovables, trusts, cultural property) intellectual and industrial property rights; companies organized under the civil or commercial law of any state; insolvency; family law and succession; scope of international jurisdiction in Israeli courts; proof of foreign law; judicial assistance; recognition and enforcement of foreign judgements; international arbitration; and the role of literature and legal doctrine. Because the style and method of legal development in Israel has primarily followed the tradition of the common law, the author recognizes that case law is the first place to look to find out what Israeli law says on any given matter. Her approach is also particularly valuable in that she does not confine her study to the rules already existing in Israeli PIL, but establishes rules in areas where such are missing, guided by the methods and principles which the court and legislature would have adopted had they been confronted with these problems. The book will be especially useful to the many international business people and their counsel with interests in Israel. It will also serve as an admirable and clear statement of Israeli PIL for academic purposes.

Law, Politics and Violence in Israel/Palestine

Author: Maayan Geva

Publisher: Springer

ISBN: 3319341537

Category: Political Science

Page: 188

View: 9785

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This book investigates the Israeli engagement with international law in relation to the Occupied Palestinian Territories (OPT) between 1967 and 2009. Grounded in a field-based study of the military International Law Department, it examines the dynamic position and impact that international law has had in the OPT. By analysing the Israeli 2008/9 offensive in Gaza as an example of contemporary warfare, the author argues that law and military agenda have become intertwined in ‘lawfare’, a condition sanctioning new forms of law and violence. The military legal system is central to the Israeli management of the OPT, yet despite the great interest in the legal aspects of the Israeli occupation, scholarly accounts of this institution are scarce. This discussion also has wider international relevance, particularly in the backdrop of the contemporary prominence of international law in Western militaries’ operations. This book will appeal to researchers, practitioners and students interested in international relations, political theory, human rights, Middle Eastern politics, and legal studies.

The Wall and the Gate

Israel, Palestine, and the Legal Battle for Human Rights

Author: Michael Sfard

Publisher: Metropolitan Books

ISBN: 1250122708

Category: History

Page: 528

View: 2055

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From renowned human rights lawyer Michael Sfard, an unprecedented exploration of the struggle for human rights in Israel's courts 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. In The Wall and the Gate, Michael Sfard 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. Sfard 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. Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.

The Handbook of Israel's Political System

Author: Itzhak Galnoor,Dana Blander

Publisher: Cambridge University Press

ISBN: 1108548156

Category: Political Science

Page: N.A

View: 4599

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There is growing interest in Israel's political system from all parts of the world. This Handbook provides a unique comprehensive presentation of political life in Israel from the formative pre-state period to the present. The themes covered include: political heritage and the unresolved issues that have been left to fester; the institutional framework (the Knesset, government, judiciary, presidency, the state comptroller and commissions of inquiry); citizens' political participation (elections, political parties, civil society and the media); the four issues that have bedevilled Israeli democracy since its establishment (security, state and religion, the status of Israel's Arab citizens and economic inequities with concomitant social gaps); and the contours of the political culture and its impact on Israel's democracy. The authors skilfully integrate detailed basic data with an analysis of structures and processes, making the Handbook accessible to both experts and those with a general interest in Israel.

The Occupation of Justice

The Supreme Court of Israel and the Occupied Territories

Author: David Kretzmer

Publisher: SUNY Press

ISBN: 9780791453384

Category: History

Page: 262

View: 7102

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A critical examination of the decisions of the Supreme Court of Israel in cases relating to the Occupied Territories.

Mixed Legal Systems, East and West

Author: Vernon Valentine Palmer,Mohamed Y. Mattar

Publisher: Routledge

ISBN: 1317095383

Category: Law

Page: 320

View: 2942

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Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Comparative Judicial Systems

Challenging Frontiers in Conceptual and Empirical Analysis

Author: John R. Schmidhauser

Publisher: Elsevier

ISBN: 148310060X

Category: Law

Page: 256

View: 5384

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Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis is a comprehensive and cohesive collection of investigative essays written by significant contributors in the field of comparative judicial institutions and politics. These essays seek to explain the judicial systems of different nations and analyze their implications. The book is divided into three parts. Part I deals with the integration of courts into the study of politics and conceptual frameworks in comparative cross-national legal and judicial research. Part II covers analyses of the judicial systems of a certain nation, while Part III compares and analyzes judicial systems of different nations as well as their judicial background in relation to their subculture. The text is recommended for lawyers as well as those in the field of political science and in the judicial branch, especially those who are looking to countries as examples for the improvement of their local systems.

Israeli Constitutional Law in the Making

Author: Gideon Sapir,Daphne Barak-Erez,Aharon Barak

Publisher: A&C Black

ISBN: 1782251855

Category: Law

Page: 578

View: 8483

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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.

Marriage and Divorce in the Jewish State

Israel's Civil War

Author: Susan M. Weiss,Netty C. Gross-Horowitz

Publisher: UPNE

ISBN: 1611683653

Category: Religion

Page: 240

View: 8628

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A comprehensive look at how rabbinical courts control Israeli marriage and divorce

Between the Rule of Law and States of Emergency

The Fluid Jurisprudence of the Israeli Regime

Author: Yoav Mehozay

Publisher: SUNY Press

ISBN: 1438463391

Category: Law

Page: 220

View: 4739

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Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other’s shortcomings. Through a careful dissection of Israel’s emergency apparatus, Mehozay illustrates that the reach of Israel’s emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel’s governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the “war on terror” and consider the role of emergency with regard to realms such as political economy.

Courting Conflict

The Israeli Military Court System in the West Bank and Gaza

Author: Lisa Hajjar

Publisher: Univ of California Press

ISBN: 9780520241947

Category: Law

Page: 312

View: 7039

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Annotation This is a meticulously documented examination of Israeli military courts in the West Bank and Gaza strip.