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Fantasies of Liberalism and Liberal Jurisprudence: State Law, Politics, and the Israeli-Arab-Palestinian Community Dr. Gad
1 Fantasies of Liberalism and Liberal Jurisprudence: State Law, Politics, and the Israeli-Arab-Palestinian Community Dr. Gad Barzilai Dr. Gad Barzilai is senior lecturer in political science and a jurist, co-director of the law, politics, and society program at Tel Aviv University. This paper was presented in different versions in the Center for the Study of Law and Society, Berkeley University, Center for Middle Eastern Studies, St. Antony’s College, Oxford University, faculty seminars at Tel Aviv University and the conference on Bergman, Hebrew University, Jerusalem. I would like to acknowledge helpful remarks made by Laura Edelman, Malcolm Feeley, Tamar Herman, Menachem Hofnung, Robert Kagan, David Kretzmer, Pnina Lahav, Noga Morag-Levin, Emanuel Ottollengi, Avi Shlaim, Ronen Shamir, Oren Yiftachel, and Efraim Yuchtman-Yaar. Yoav Dotan and Ruth Gavison were encouraging editors and two anonymous reviewers improved the article. Thanks. © Israel Law Review. 1 2 I. Between Bergman (1969) and Kaadan (2000) About thirty years after Bergman case1, Israel constitutional structure and its legal culture are not responsive to minority needs, and more largely to social needs of deprived communities. The liberal language and judicial review over Knesset legislation that have been empowered by and followed Bergman have not reconciled this utterly problematic discrepancy between jurisprudence and social needs. Bergman ruling has symbolized the outset of a new area in Israel jurisprudence, the area of liberalism, since it has empowered the notion of judicial counter majoritarianism as the center, however problematic, of democracy. It has been a modest ruling, and a careful one, dwelling only on procedural deficiencies as a cause of judicial abolition of parliamentary legislation. -
Disorderly and Inhumane: the United States and the Expulsion of Germans After World War II
Mississippi State University Scholars Junction Theses and Dissertations Theses and Dissertations 1-1-2015 Disorderly and Inhumane: the United States and the Expulsion of Germans after World War II Bradley J. Brewer Follow this and additional works at: https://scholarsjunction.msstate.edu/td Recommended Citation Brewer, Bradley J., "Disorderly and Inhumane: the United States and the Expulsion of Germans after World War II" (2015). Theses and Dissertations. 1528. https://scholarsjunction.msstate.edu/td/1528 This Dissertation - Open Access is brought to you for free and open access by the Theses and Dissertations at Scholars Junction. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholars Junction. For more information, please contact [email protected]. Automated Template A: Created by James Nail 2011 V2.02 Disorderly and inhumane: The United States and the expulsion of Germans after World War II By Bradley J. Brewer A Dissertation Submitted to the Faculty of Mississippi State University in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in History in the Department of History Mississippi State, Mississippi May 2015 Copyright by Bradley J. Brewer 2015 Disorderly and inhumane: The United States and the expulsion of Germans after World War II By Bradley J. Brewer Approved: ____________________________________ Richard V. Damms (Director of Dissertation) ____________________________________ Alan I. Marcus (Committee Member) ____________________________________ M. Kathryn Barbier (Committee Member) ____________________________________ William Anthony Hay (Committee Member) ____________________________________ Stephen C. Brain (Graduate Coordinator) ____________________________________ R. Gregory Dunaway Professor and Dean College of Arts & Sciences Name: Bradley J. Brewer Date of Degree: May 9, 2015 Institution: Mississippi State University Major Field: History Major Professor: Richard V. -
A CONSTITUTIONAL REVOLUTION?* / Ruth Gavison * *
TOWARDS A NEW EUROPEAN IUS COMMUNE, 1999 A CONSTITUTIONAL REVOLUTION?* / Ruth Gavison * * In his opinion in Bank Hamizrahi published here, President Aharon Barak sets in great length his analysis of the constitutional history of Israel and his interpretation of the impact of the legislation of the Basic Laws of 1992. Barak is not only the President of the Court, he is probably the most influential jurist in Israel. He has set out his views on these matters in a large numbers of articles and books, addressed to both professional and lay audiences. People were encouraged to hear of the 'constitutional revolution' which will permit the court to review legislation by the Knesset when it violates human rights. They were pleased to have an additional guarantee against the arbitrariness of power-seeking officials. Naturally, his analysis and interpretation are likely to become the law and the accepted approach to these matters. It is precisely because of this that I would like to clarify that Barak's positions on the description of the constitutional process, the impact of the 1992 legislation, and the desirability of these statements about the law and the history are quite controversial in Israel. Some of the opposition to these ideas comes naturally from politicians who hate to see their sovereignty limited by judicial review over primary legislation, but some comes from the academic communities of both law and political science, from judges including present and past supreme court judges, and from legal practitioners of all political persuasions. Moreover, the people voicing misgivings about some of Barak's positions include many whose commitment to the promotion and protection of human rights in Israel is 1 clear and long-standing. -
“Historical Situations” in the Jurisprudence of the European Court of Human Rights in Strasbourg
XXX POLISH YEARBOOK OF IN TER NA TIO NAL LAW 2010 PL ISSN 0554-498X Ireneusz C. Kamiński* “HISTORICAL SITUATIONS” IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN STRASBOURG Abstract This Article investigates how the European Court of Human Rights becomes com- petent to make decisions in cases concerning (or taking roots in) “historical situations” preceding the ratifi cation of the European Convention by a given Member State or even the enactment of the Convention. “Historical situations” refer to events that occurred in the period of Second World War or shortly thereafter. In all such cases, the preliminary question arises whether the Court is competent temporally (ratione temporis) to deal with the application. This group of cases concerned usually allegations touching upon the right to life and the right to property. The Court had to decide if the allegation in question related to a temporally closed event (making the Court not competent) or rather to a continuous violation (where the Court could adjudicate). A specifi c set of legal questions arose vis-à-vis the right to life, fi rst of all that of the autonomy of the procedural obligation to conduct an effi cient investigation. The Strasbourg case law did not provide a clear answer. However, following two crucial judgements rendered by the Grand Chamber, the Court has established an interesting legal framework. Arti- cle analyses also two other situations having a historical dimension: bringing to justice those accused of war crimes or other crimes under international law (in light of the alleged confl ict with the principle of nullum crimes sine lege) and pursuing authors of pro-Nazi statements or speech denying the reality of Nazi atrocities. -
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. -
UCLA Electronic Theses and Dissertations
UCLA UCLA Electronic Theses and Dissertations Title The Representation of Forced Migration in the Feature Films of the Federal Republic of Germany, German Democratic Republic, and Polish People’s Republic (1945–1970) Permalink https://escholarship.org/uc/item/0hq1924k Author Zelechowski, Jamie Publication Date 2017 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Los Angeles The Representation of Forced Migration in the Feature Films of the Federal Republic of Germany, German Democratic Republic, and Polish People’s Republic (1945–1970) A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Germanic Languages by Jamie Leigh Zelechowski 2017 © Copyright by Jamie Leigh Zelechowski 2017 ABSTRACT OF THE DISSERTATION The Representation of Forced Migration in the Feature Films of the Federal Republic of Germany, German Democratic Republic, and Polish People’s Republic (1945–1970) by Jamie Leigh Zelechowski Doctor of Philosophy in Germanic Languages University of California, Los Angeles, 2017 Professor Todd S. Presner, Co-Chair Professor Roman Koropeckyj, Co-Chair My dissertation investigates the cinematic representation of forced migration (due to the border changes enacted by the Yalta and Potsdam conferences in 1945) in East Germany, West Germany, and Poland, from 1945–1970. My thesis is that, while the representations of these forced migrations appear infrequently in feature film during this period, they not only exist, but perform an important function in the establishment of foundational national narratives in the audiovisual sphere. Rather than declare the existence of some sort of visual taboo, I determine, firstly, why these images appear infrequently; secondly, how and to what purpose(s) existing representations are mobilized; and, thirdly, their relationship to popular and official discourses. -
Sharing a Divided Memory. the First Half of 20Th Century History in the Cultures of Remembrance in Post-Cold War Germany and Poland
臺灣師大歷史學報 第 61 期 2019 年 6 月,頁 1-46 DOI: 10.6243/BHR.201906_(61).0001 Sharing a Divided Memory. The First Half of 20th Century History in the Cultures of Remembrance in Post-Cold War Germany and Poland Christoph Thonfeld∗ Abstract The relationship between Germany and Poland in the first half of the 20th century had been mostly one of aggressive territorial competition and resettlement of people. After the collapse of the communist regimes in Poland and East Germany, followed by German reunification, the history of this relationship has been reconceptualised within the framework of European integration. Despite overall progress, there are still numerous obstacles that need to be overcome. Thus, seen from the perspective of cultures of remembrance, it becomes obvious how fragile the re-established neighbourly relationship and both countries’ quest for internal and bilateral normalization still are. Ever since 1945, there has been an “on-going saga of competitive victimhood” between people in both countries, where the wrongs one has done to the other have to be minimized or delegitimized in order to build a national identity on a sense of being deeply wronged. Reconciliation efforts quickly reached a short-lived ∗ Research Fellow, Institute of Advanced Studies, University College London - 2 - 臺灣師大歷史學報 第 61 期 peak in 1994/5 but this rapid rapprochement was derailed around the millennium when both sides realized that there were still a number of unresolved issues concerning the recent past. These incidents signalled a return to more re-nationalized approaches to historical memories. Another ten years later, both sides became more and more aware that a more pragmatic approach to the opposite side was needed in order to further develop the bilateral relationship despite remaining differences concerning the views of the past. -
United Nations Oil for Food Program Hearing Committee
UNITED NATIONS OIL FOR FOOD PROGRAM HEARING BEFORE THE SUBCOMMITTEE ON ENERGY AND AIR QUALITY OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION JULY 8, 2004 Serial No. 108–106 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 95–451PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 10:36 Oct 12, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 95451.TXT HCOM1 PsN: HCOM1 COMMITTEE ON ENERGY AND COMMERCE JOE BARTON, Texas, Chairman W.J. ‘‘BILLY’’ TAUZIN, Louisiana JOHN D. DINGELL, Michigan RALPH M. HALL, Texas Ranking Member MICHAEL BILIRAKIS, Florida HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York JAMES C. GREENWOOD, Pennsylvania FRANK PALLONE, Jr., New Jersey CHRISTOPHER COX, California SHERROD BROWN, Ohio NATHAN DEAL, Georgia BART GORDON, Tennessee RICHARD BURR, North Carolina PETER DEUTSCH, Florida ED WHITFIELD, Kentucky BOBBY L. RUSH, Illinois CHARLIE NORWOOD, Georgia ANNA G. ESHOO, California BARBARA CUBIN, Wyoming BART STUPAK, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico ALBERT R. WYNN, Maryland JOHN B. SHADEGG, Arizona GENE GREEN, Texas CHARLES W. ‘‘CHIP’’ PICKERING, KAREN MCCARTHY, Missouri Mississippi, Vice Chairman TED STRICKLAND, Ohio VITO FOSSELLA, New York DIANA DEGETTE, Colorado STEVE BUYER, Indiana LOIS CAPPS, California GEORGE RADANOVICH, California MICHAEL F. -
Austria͛s Internaional Posiion After the End Of
ƵƐƚƌŝĂ͛Ɛ/ŶƚĞƌŶĂƟŽŶĂůWŽƐŝƟŽŶ ĂŌĞƌƚŚĞŶĚŽĨƚŚĞŽůĚtĂƌ Günter Bischof, Ferdinand Karlhofer (Eds.) CONTEMPORARY AUSTRIAN STUDIES | VOLUME 22 UNO PRESS innsbruck university press Copyright © 2013 by University of New Orleans Press, New Orleans, Louisiana, USA All rights reserved under International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form, or by any means, electronic or mechanical, including photocopy, recording, or any information storage nd retrieval system, without prior permission in writing from the publisher. All inquiries should be addressed to UNO Press, University of New Orleans, LA 138, 2000 Lakeshore Drive. New Orleans, LA, 70119, USA. www.unopress.org. Printed in the United States of America Design by Lauren Capone Cover photo credit: Hopi Media Published in the United States by Published and distributed in Europe University of New Orleans Press: by Innsbruck University Press ISBN: 9781608011162 ISBN: 9783902936011 UNO PRESS Contemporary Austrian Studies Sponsored by the University of New Orleans and Universität Innsbruck Editors Günter Bischof, CenterAustria, University of New Orleans Ferdinand Karlhofer, Universität Innsbruck Assistant Editor Production and Copy Editor Dominik Hofmann-Wellenhof Lauren Capone University of New Orleans Executive Editors Christina Antenhofer, Universität Innsbruck Kevin Graves, University of New Orleans Advisory Board Siegfried Beer Sándor Kurtán Universität Graz Corvinus University Budapest Peter Berger Günther Pallaver Wirtschaftsuniversität -
The Challenges of Liberal Democracy Conference Held in Jerusalem, December 16–17, 2019
THE ISRAEL ACADEMY OF SCIENCES AND HUMANITIES The Challenges of Liberal Democracy Conference held in Jerusalem, December 16–17, 2019 Lecture Summaries edited by Prof. Nili Cohen President, The Israel Academy of Sciences and Humanities Organizing Committee: Prof. Shlomo Avineri, Prof. Nili Cohen, Prof. Ruth Gavison, Prof. Daniel Friedmann, Prof. Avishai Margalit, Prof. Billie Melman, Prof. Guy Stroumsa, Prof. Shulamit Volkov © The Israel Academy of Sciences and Humanities, 2020 Editing and preparation: Deborah Greniman | Design: Idan Vaaknin CHALLENGES OF LIBERAL DEMOCRACY Democracy: All liberal democracies are facing great challenges – from without as well as from within. Take the changing power architecture of world politics: In Search of The USA, a Strategic China, India, Russia, the Arab world. Perspective Take the populist movements in almost every democracy, and see the tendency towards autocratic states. See, for example, Eastern Europe: They celebrated the birth of their democracy 30 years ago, and now they are distancing themselves from it, in Hungary, in Poland. The status quo is: Cultural erosion – Trust erodes. Werner Weidenfeld Distrust grows. Emeritus Professor of Political Systems Alienation dominates. and European Unification, Ludwig- Maximilians-University Munich So the Era of Complexity is combined with the Era of Structural Problems: Confusion. The consequence is: Liberal democracy globalization, has big problems." internationalization, cyber-developments, digitalization. I call it “the Era of Complexity” Cultural developments: With the development of a growing division of labor, you need people to trust in the competence of others, but, in reality, more than View the lecture >>> 70% of the people say that they don`t understand anything. -
Basic Law: Israel As the Nation State of the Jewish People: Implications for Equality, Self- Determination and Social Solidarity
Basic Law: Israel as the Nation State of the Jewish People: Implications for Equality, Self- Determination and Social Solidarity Tamar Hostovsky Brandes I. INTRODUCTION Basic Law: Israel as the Nation State of the Jewish People (“the Law”) was enacted on July 19, 2018.1 The Law is the fourteenth and latest Basic Law enacted as part of the incremental, ongoing process of enactment of constitutional norms in Israel.2 The enactment of the Law triggered an intense public debate in Israel, one that is still far from subsiding. Opponents of the Law refer to it as racist,3 shameful, and disgraceful, and demand its immediate repeal. As of August 19, 2018, seven petitions, that oppose the law, have been filed to the Israel Supreme Court (“the Supreme Court”).4 The petitions Associate Professor, Ono Academic College, Faculty of Law. I would like thank Peter Berkowitz, George P. Fletcher, Robert Howse, Karin Loevy, Ruti Teitel and Kendall Thomas for helpful comments on previous drafts of this article, as well as the participants of the of the symposium on the Law held at New York Law School in October 2018 and participants of the lecture on the Law I delivered at the Center of Law and Culture at Columbia Law School the same month. 1. Hana Levi Julian, Basic Law: ‘Israel as the Nation-State of the Jewish People’ Approved by Knesset 62-55, KNESSET (July 19, 2018), https://www.jewishpress.com/news/israel/the-knesset/basic-law-israel-as-the- nation-state-of-the-jewish-people-approved-by-knesset-62-55/2018/07/19/. -
L Eip 3-18.Indd
MYŚL EKONOMICZNA I POLITYCZNA MYŚL EKONOMICZNA I POLITYCZNA 3 (62) 2018 DOI: 10.26399/meip.3(62).2018 Uczelnia Łazarskiego RADA PROGRAMOWA / ADVISORY BOARD prof. dr hab. Andrzej Antoszewski, Uniwersytet Wrocławski (University of Wrocław) dr hab. Wojciech Bieńkowski, Uczelnia Łazarskiego (Lazarski University) prof. dr hab. Tadeusz Bodio, Uniwersytet Warszawski (University of Warsaw) prof. dr hab. Paweł Chmielnicki, Uniwersytet Rzeszowski (University of Rzeszów) dr Jens Boysen (Technische Universität Chemnitz) dr Nathaniel Copsey (Aston University) dr Małgorzata Gałązka-Sobotka, Uczelnia Łazarskiego (Lazarski University) dr hab. Bogna Gawrońska-Nowak, Uczelnia Łazarskiego (Lazarski University) prof. dr hab. Svetlana P. Glinkina (Institute of Economy of Russian Academy of Sciences) prof. dr hab. Krystyna Iglicka-Okólska, Uczelnia Łazarskiego (Lazarski University) prof. dr hab. Natalia V. Kulikova (Lomonosov Moscow State University) dr hab. Krzysztof Łazarski, Uczelnia Łazarskiego (Lazarski University) dr hab. Daria Nałęcz, Uczelnia Łazarskiego (Lazarski University) prof. dr hab. Bogdan Szlachta, Uniwersytet Jagielloński (Jagiellonian University) dr hab. Krzysztof Miszczak, Szkoła Główna Handlowa (Warsaw School of Economics) prof. dr hab. Ana Yetano Sánchez de Muniaín (University of Zaragoza) KOLEGIUM REDAKCYJNE / EDITORIAL BOARD Józef M. Fiszer, redaktor naczelny (editor-in-chief) Dariusz K. Rosati, zastępca redaktora naczelnego (deputy editor-in-chief), Paweł Olszewski, sekretarz (secretary) Andrzej Podraza, członek (member), Zdzisław Puślecki,