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The-Legal-Status-Of-East-Jerusalem.Pdf
December 2013 Written by: Adv. Yotam Ben-Hillel Cover photo: Bab al-Asbat (The Lion’s Gate) and the Old City of Jerusalem. (Photo by: JC Tordai, 2010) This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the authors and can under no circumstances be regarded as reflecting the position or the official opinion of the European Union. The Norwegian Refugee Council (NRC) is an independent, international humanitarian non- governmental organisation that provides assistance, protection and durable solutions to refugees and internally displaced persons worldwide. The author wishes to thank Adv. Emily Schaeffer for her insightful comments during the preparation of this study. 2 Table of Contents Table of Contents .......................................................................................................................... 3 1. Introduction ........................................................................................................................... 5 2. Background ............................................................................................................................ 6 3. Israeli Legislation Following the 1967 Occupation ............................................................ 8 3.1 Applying the Israeli law, jurisdiction and administration to East Jerusalem .................... 8 3.2 The Basic Law: Jerusalem, Capital of Israel ................................................................... 10 4. The Status -
Jewish Law and Current Legal Problems
JEWISH LAW AND CURRENT LEGAL PROBLEMS JEWISH LAW AND CURRENT LEGAL PROBLEMS EDITED BY NAHUM RAKOVER The Library of Jewish Law The Library of Jewish Law Ministry of Justice The Jewish Legal Heritage Society Foundation for the Advancement of Jewish Law PROCEEDINGS of the First International Seminar on The Sources Of Contemporary Law: The Bible and Talmud and Their Contribution to Modern Legal Systems Jerusalem. August 1983 © The Library of Jewish Law The Jewish Lcg<1l Heritage Society P.O.Box 7483 Jerusalem 91074 1984 TABLE OF CONTENTS PREFACE 9 GREETINGS OF THE MINISTER OF JUSTICE, Moshe Nissim II LEGAL THEORY Haim H. Cohn THE LESSON OF JEWISH LAW FOR 15 LEGAL CHANGE Meyer S. Feldblum THE EMERGENCE OF THE HALAKHIC 29 LEGAL SYSTEM Classical and Modern Perceptions Norman Solomon EXTENSIVE AND RESTRICTIVE 37 INTERPRETATION LAW IN CHANGING SOCIETIES Yedidya Cohen THE KIBBUTZ AS A LEGAL ENTITY 55 Reuben Ahroni THE LEVIRATE AND HUMAN RIGHTS 67 JUDICIAL PROCESS Haim Shine COMPROMISE 77 5 POLITICAL THEORY Emanuel Rackman THE CHURCH FATHERS AND HEBREW 85 POLITICAL THOUGHT LAW AND RELIGION John Wade THE INFLUENCE OF RELIGION UPON LAW 97 Bernard J. Meis/in THE TEN COMMANDMENTS IN AMERICAN 109 LAW PENAL LAW Ya'akov Bazak MAIMONIDES' VIEWS ON CRIME AND 121 PUNISHMENT Yehuda Gershuni EXTRADITION 127 Nahum Rakover COERCION IN CONJUGAL RELATIONS 137 SELF-INCRIMINATION Isaac Braz THE PRIVILEGE AGAINST SELF 161 INCRIMINATION IN ANGLO-AMERICAN LAW The Influence of Jewish Law Arnold Enker SELF-INCRIMINATION 169 Malvina Halberstam THE RATIONALE FOR EXCLUDING 177 INCRIMINATING STATEMENTS U.S. Law Compared to Ancient Jewish Law Stanley Levin DUE PROCESS IN RABBINICAL AND 191 ISRAELI LAW Abuse and Subversion 6 MEDICAL ETHICS David A. -
American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav
Hastings Constitutional Law Quarterly Volume 9 Article 2 Number 1 Fall 1981 1-1-1981 American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Pnina Lahav, American Influence on Israel's Jurisprudence of Free Speech, 9 Hastings Const. L.Q. 21 (1981). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol9/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ARTICLES American Influence on Israel's Jurisprudence of Free Speech By PNINA LAHAV* Table of Contents Introduction ........................................................ 23 Part 1: 1953-Enter Probable Danger ............................... 27 A. The Case of Kol-Ha'am: A Brief Summation .............. 27 B. The Recipient System on the Eve of Transplantation ....... 29 C. Justice Agranat: An Anatomy of Transplantation, Grand Style ...................................................... 34 D. Jurisprudence: Interest Balancing as the Correct Method to Define the Limitations on Speech .......................... 37 1. The Substantive Material Transplanted ................. 37 2. The Process of Transplantation -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Imagined Citizenship
Adalah’s Newsletter, Volume 12, April 2005 Imagined Citizenship By Marwan Dalal1 In 1999, I had the opportunity to give a lecture before an American Jewish group in New York about the reality from where I came. Then, as today, reality did not flatter the State of Israel. At the end of the lecture, which was received attentively and yet with surprise, a member of the audience, a successful businessman in his late forties, approached me. He asked me about an issue which I had not raised in the lecture but that seemed relevant to him personally. He asked my opinion about the State of Israel’s non-recognition of the Reform Movement within Judaism. My answer revealed my wonder at the ease with which he conceded to a public official in a foreign country the right to determine his identity. The man seemed bemused and smiled at me politely. It was clear to me that the reasonableness of my answer was not convincing to this individual, who probably grew up listening to the sentiment expressed by the former United States Supreme Court Justice Louis Brandeis, who served on the Court between 1916 and 1939. Justice Brandeis stated that, “Practical experience and observing life convinced me that in order to be good Americans, we have to be better Jews. And in order to be better Jews, it is necessary to be Zionists.”2 It is highly doubtful whether the reality here - before, during and immediately after 1948 - was perceived from the United States, or if there has been any will to observe it. -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
THE STATE of ISRAEL 70 YEARS of INDEPENDENCE - Building a Nation
1 The Zionist General Council Session XXXVII/4 THE STATE OF ISRAEL 70 YEARS OF INDEPENDENCE - Building a Nation October 2018 2 Plenary No. 1 - Opening of the Zionist General Council Session Eli Cohen opened the first session and thanked the members of the audit committee and praised the auditor and his team, who - in their attempt to reach a level of satisfaction, which all can find to be acceptable - see all the flaws and improvements. Rabbi Yehiel Wasserman was invited to the stage for a ceremony conferring honorary fellowships to various members for their activities in the Zionist movement and their significant contribution to shaping its path and activities. This year, thanks to the WZO’s extensive activity over the past decade, quite a few people will be receiving this status. Honorary fellows are highly motivated individuals who have devoted many years of their time to the Zionist movement and who are role models for the next generation. Rabbi Wasserman then thanked the members of the Committee for Honorary Fellows: Barbara Goldstein, Silvio Joskowicz, Dalia Levy, Karma Cohen, Hernan Felman, Jacques Kupfer and Nava Avissar, the committee’s coordinator, for their dedicated work. Honorary Fellows: Mrs. Ana Marlene Starec – Mrs. Starec has been active in the Zionist movement for the past 54 years. She has been serving as Honorary President of WIZO for many years now and is also engaged in advocacy activities for Israel in the Diaspora in general, and with the Jewish communities of Brazil, in particular. Her human rights activities earned her a medal from the state of Rio de Janeiro, and she has also received a medal from the French Senate for her activities for humanity. -
Download PDF Catalogue
F i n e Ju d a i C a . pr i n t e d bo o K s , ma n u s C r i p t s , au t o g r a p h Le t t e r s , gr a p h i C & Ce r e m o n i a L ar t in cl u d i n g : th e Ca s s u t o Co ll e C t i o n o F ib e r i a n bo o K s , pa r t iii K e s t e n b a u m & Co m p a n y th u r s d a y , Ju n e 21s t , 2012 K e s t e n b a u m & Co m p a n y . Auctioneers of Rare Books, Manuscripts and Fine Art A Lot 261 Catalogue of F i n e Ju d a i C a . PRINTED BOOKS , MANUSCRI P TS , AUTOGRA P H LETTERS , GRA P HIC & CERE M ONIA L ART ——— To be Offered for Sale by Auction, Thursday, 21st June, 2012 at 3:00 pm precisely ——— Viewing Beforehand: Sunday, 17th June - 12:00 pm - 6:00 pm Monday, 18th June - 10:00 am - 6:00 pm Tuesday, 19th June - 10:00 am - 6:00 pm Wednesday, 20th June - 10:00 am - 6:00 pm No Viewing on the Day of Sale This Sale may be referred to as: “Galle” Sale Number Fifty Five Illustrated Catalogues: $38 (US) * $45 (Overseas) KestenbauM & CoMpAny Auctioneers of Rare Books, Manuscripts and Fine Art . -
The Impact of Aliyah on the American Jewish Community
'.,~ £' ..• ,,,(''1' .. I c, '1.\ "' ., . l,'". ,/ . ,?')?.' -1-'./, 6: I/f ,.,; .-",'" .~~ ~t, ,d~" /' ":J ! f .O} j. )J/, , I , '( ..,( -<~, ,.". " ( {f L K';L.L) The Impact of Aliyah on the American Jewish Community CHAIM 1. WAXMAN DURING THE LAST dozen years, only once did the annual number of American Jews who migrated to Israel-"made aliyah"-rise above 3,000. In all the other years, fewer than 3,000-and since 1985 fewer than 2,000-American Jews went on aliyah. Indeed, in the forty years since the founding of the State of Israel, there was only one year, 1971, during which slightly more than one-tenth of 1 percent of the American Jewish population, 7,364 American Jews, went on aliyah. 1 There seems no reason to doubt that the major determinants of the size of American Jewish migration to Israel are to be found in both the United States and Israel. Put simply, American Jews, individually and collectively, are rather comfortable in the United States materially, physically, and in terms of being able to express their Jewishness, and they do not feel impelled to sacrifice their comfort by migrating to Israel, where material conditions are much more restricted. American Jews are undoubtedly quite aware ofboth the significant numbers of American Jews who have gone on aliyah only to return to America and the large numbers of Israelis who have emigrated from Israel, many of whom have settled in the United States. Nevertheless, it seems reasonable to assume that there would be an increase in American aliyah if there were some fundamental changes in the ways organized aliyah efforts function, both institutionally and interpersonally. -
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-Occupied Arab Territories
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-occupied Arab Territories Part III Article 2 A. Measures to eliminate racial discrimination 1. Measures preventing discrimination by all public authorities and institutions [See Article 4 for a discussion on the judicial, legislative and penal measures taken by the State to eliminate discrimination] Favoured Status for Jewish (“national”) Institutions Nonetheless, both Israel’s state and parastatal institutions exclusively proscribe Palestinians from enjoying the rights and Under the World Zionist Organization/Jewish Agency Status Law freedoms guaranteed to them by international law, and ratified by (1952), major Zionist organizations have special parastatal status. Israel. It is impossible for Palestinians to have fair appeals in Israeli They manage land, housing and services exclusively for the Jewish courts to uphold their rights. A dual system of law discriminates population. As no non-Jewish organizations enjoy similar status, this between Jewish Israelis and indigenous Palestinians based on a yields a vastly inferior quality of life for the indigenous Palestinian constructed status of “Jewish nationality.” This prejudicial Arab community. (More on these mechanisms of material application of law is apparent in all processes of the legal system, discrimination below under the specific rights affected). from the rights to information and fair trial to detention and prison treatment. State policies compound judicial failures by contracting The State party has taken no measures to address the charters or parastatal institutions (WZO, JNF, etc.) to annex and manage the the operations of these parastatal institutions, which form the most properties confiscated from indigenous Palestinians by developing fundamental and pervasive institutional discrimination in the country, and transferring them to possession by “Jewish nationals” in disadvantaging the entire class of indigenous Palestinian Arab perpetuity. -
PNINA LAHAV Curriculum Vitae
PNINA LAHAV Curriculum Vitae Home address: 32 Welland Road Brookline, Massachusetts 02445 Work address: Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 Telephone numbers (home): (617) 734-8012 (office): (617) 353-2820 (fax): (617) 353-3077 Education: M.A. (political science), 1983, Boston University J.S.D. 1973, Yale Law School LL.M. 1971, Yale Law School LL.B., magna cum laude, 1969, Faculty of Law, The Hebrew University, Jerusalem, Israel Prizes and other Academic Distinctions: Recipient, the AIS-Israel Institute Lifetime Achievement Award in Law for a lifetime of exceptional scholarship and academic achievement in the field of Israel Studies 2017. Recipient Michael Melton Award for Teaching Excellence, 2011 Religion Fellow, School of Theology, Boston University, 2010-2011. Fellow, Institute for Advanced Studies, Hebrew University of Jerusalem, Spring, 2008. Appointed Law Alumni Scholar, November, 2007. 1 Class of 1960 Scholar, 2001-2002, Boston University School of Law Recipient, Fellowship at Stanford Center for Advanced Study in Behavioral Sciences, 2000-2001 Recipient, The Lipsitt Faculty Research Fund, 1999-2000, Boston University School of Law Keck Lecture, Amherst Program in Law, Jurisprudence and Social Thought, delivered in February, 1999 Recipient, Seltner Award, Israel, 1998, for Judgment in Jerusalem Recipient, Gratz College Centennial Book Award, 1998, for Judgment in Jerusalem Judgment in Jerusalem offered as selection by the History Book Club President, Association for Israeli Studies, -
THE CASE of ISRAEL Ruth Gavison
LEGISLATURES AND THE QUEST FOR A CONSTITUTION: THE CASE OF ISRAEL Ruth Gavison* Israel is a county where constitutional debates Isra~l est un pays oA les dibats constitutionnels ne center not on the questions whether it should have tournent pas autour de questions h savoir si l pays a constitution and what should be in it but on devrait avoir une constitution ou ce qu'elie devrail whether it has one. This undesirableandanomalous contenir, mais plutdt si la pays en a une. Cette situation results from the fact that constitutional situation inddsirable et anormale dcoule du fait reality in Israel has been the result of a long process que la rialitdconstitutionnelle d'Israil est le risultat characterized in recent decades by legislative d'un long processus caractris, au cours des derni'res ambivalence and by a resolute constitution-making dcennies, par une ambivalence legislativeet par un drive by thejudiciary. dsir inergique de ridaction d'une constitution par le corpsjudicaire. In most constitutional regimes, legislatures as well as other constitutional powers operate under and within an agreed-upon constitution. Often, they are established by it and, to a large extent, gain their legitimacy and stability from it. The constitution is taken as a given. In rare cases it may itself be amended, but the idea is that the constitution sets the framework of activity of the other organs of government, including the legislature itself. This situation permits intense discussions of the roles of the various powers under the constitution, * Haim H. Cohn Professor of Human Rights, Faculty of Law, Hebrew University in Jerusalem.