1 Introduction 2 Institutional Change As an Interaction Between Political

Total Page:16

File Type:pdf, Size:1020Kb

1 Introduction 2 Institutional Change As an Interaction Between Political NOTES 1 Introduction 1. Doron, 2006; Reichmann & Nachmias, 2006 2. Buchanan, 1990 3. Mackerras, 1994; Sakamoto, 1999 4. Dunleavy & Margetts, 1995; Sakamoto, 1999 5. Finkel, 2003; Larkins, 1998 6. Lijphart, 1984, 1999; Peters, 1999 7. Mantzavinos, North & Shariq, 2004 8. Doron & Sened, 2001; Schneider & Teske, 1992; LÓpez, 2002; Sheingate, 2003; Christopoulos, 2006; Meydani, 2008 2 Institutional Change as an Interaction between Political and Social Players—The Role of Political Entrepreneurs 1. Powell & DiMaggio, 1991 2. Knight, 1995 3. Selznick, 1949, 1957; Perrow, 1986 4. Selznick, 1957 5. Scott & Meyer, 1991 6. Powell & DiMaggio, 1991 7. Powell & DiMaggio, 1991 8. Colomer, 1995a, 1995b; Pridham & Vanhanen, 1994 9. North, 1986; Ostrom, 1986; Riker, 1980; Shepsle, 1986; Williamson, 1985 10. Buchanan, 1990; Doron & Sened, 2001; Gardner & Ostrom, 1991; Gavious & Mizrahi, 2003 11. Riker, 1980; Shepsle, 1986; Shepsle & Weingast, 1981; Weingast & Marshall, 1988 12. Moe, 1987: 291 13. De Haan & Siermann, 1995; Gastil, 1990; Scully & Slottje, 1991; Wittmann, 1989 14. Mantzavinos, North & Shariq, 2004 15. Gastil, 1990 184 Notes 16. Milgrom & Roberts, 1990 17. North, 1995; Nachmias & Sened, 1999 18. Mantzavinos, North & Shariq, 2004 19. Riker, 1980 20. Doron, 1988 21. Mantzavinos, North & Shariq, 2004 22. Dahl, 1961; Kingdon, 1995; Schneider & Teske, 1992; LÓpez, 2002; Doron & Sened, 2001 23. On social entrepreneurs see Offe, 1985; on economic entrepreneurs see Schumpeter, 1934; Salisbury, 1969 24. On the difference between fundamental ideology and operative ideology, see Naor, 1999; Seliger, 1977 25. See for example Weber, 1964; Kelsen, 1945; Edelman, 1994a, 1994b 26. Yishai, 1987 27. Doron & Sened, 2001 28. Doron, 1988; Baumgartner & Jones, 1993; Kingdon, 1995; Doron & Lebel, 2005 29. Spector & Kitsuse, 1987 30. Doron, 1986 31. Braybrooke & Lindblom, 1963 32. Cantril, 1963, 63; Doron & Lebel, 2005; Eliade, 1965, 174–177; Hirschman, 1970; Wallace, 1969 33. Spiller & Tommasi, 2007 34. Stewart, Watson, Carland & Carland, 1998 35. Hardin, 1982 36. Doron & Lebel, 2005; Nisbet, 1966; Offe, 1985 37. Breton &Breton, 1969; Calvert, 1992; Colomer, 1995a,b; Fiorina & Shepsle, 1989; Frohlich, Oppenheimer & Young, 1971; Salisbury, 1969; Wagner, 1966 38. Note that policy products are arrived at usually through rules, regulations, and court rul- ings, and in this respect we might claim that the legitimacy of the rules, prestige of the law system and the notion of stability as a function of the positive law, constitute the public product as defined in the works of Olson (1965) 39. Dahl, 1963 40. Jones, 1978 41. Sandler, 1992 42. Eliade, 1965; Doron & Lebel, 2005 43. Axelrod, 1984 44. Goode, 1957 45. Doron & Lebel, 2005 46. Downs, 1957 47. Doron, 1986; Fearn-Banks, 1996; Yishai, 1987; Millbrath, 1965 48. Blumer, 1971; Doron & Lebel, 2005; Spector & Kitsuse, 1987; Wolfsfeld, 1997 49. Arian, 1997 50. Olson, 1965 51. Hardin, 1982 52. Downs, 1957 53. Doron & Lebel, 2005; Yishai, 1987 54. Yishai, 1987 55. Berry, 1977; Eckstein, 1960; Hayes, 1981; McFarland, 1984; Ziegler, 1964 56. Hayes, 1981; Ziegler, 1964 57. Doron & Lebel, 2005 58. See also Riker, 1980; Sened, 1995; Shepsle & Weingast, 1981 59. Doron & Maor, 1989 Notes 185 60. Shepsle & Weingast, 1981 61. Doron, 1988; Laver & Shepsle, 1994; Tsebelis, 1990, 2002 62. Laver & Schofield, 1990 63. Policy evaluation studies highlight the built-in tension between objective policy that maxi- mizes effectiveness and social profit and subjective policy evaluation that reflects the private political interests of the decision-makers (Browne & Wildavsky, 1983; Rist, 1995; Nagel, 1994; Lipsky, 1980; Golden, 1990; Sabatier, 1986). 64. See also Deri, 1993; Deri & Sharon, 1994; Vigoda, 2002 65. Bendor, 1990; Breton, 1995 66. Bendor, Taylor & van Gaalen, 1987a,b; Miller & Moe, 1983 67. Kramer, 1977; Monsen & Cannon, 1965 68. Barzilai, 1998; Dotan & Hofnung, 2001 69. Kremnitzer, 1999 70. Arian, Nachmias & Amir, 2002; Kimmerling, 2004 71. Knight, 1995 72. North, 1995; Powell & DiMaggio, 1991 73. Mantzavinos, North & Shariq, 2004 74. Buchanan, 1990 75. Braybrooke & Lindblom, 1963; Lindblom, 1959; Powell & DiMaggio, 1991 76. Doron & Lebel, 2005; Nisbet, 1966; Offe, 1985; Spector & Kitsuse, 1987 77. Begly & Boyd, 1987; Johnson, 1990; McClelland, 1987 78. Doron & Sened, 2001; Kingdon, 1995; Schneider & Teske, 1992; LÓpez, 2002; also as Adam Sheingate (2003: 191) mentioned, “one must understand how institutional complex- ity creates the conditions that make entrepreneurship possible. More important, a focus on complexity points to the characteristics of institutions themselves that provide the opportu- nities for speculation, the resources for creative recombination, and the assets entrepreneurs use to consolidate innovation into institutional change.” 79. Rahat, 2006 80. Herman, 1996 81. Migdal, 2001 82. Shafir & Peled, 2002 83. Doron & Adiri, 1994; Hazan, 1996 84. Sheffer, 1999 85. Doron, 1996b; Korn, 1998; Levi-Faur, Sheffer & Vogel, 1999; Rahat, 2000; Dowty, 1998 3 Political Entrepreneurs and Institutional Change: The Case of Basic Law: The Government (1992) 1. Buchanan, 1990; Gardner & Ostrom, 1991; Gavious & Mizrahi, 2003 2. CA 6821/93 United Mizrahi Bank v. Migdal Cooperative Village, in Decisions, vol. 49, section 4, p. 221 (Hebrew) 3. Barak, 1993 4. Powell & DiMaggio, 1991 5. This task was usually assigned to the head of the party obtaining the most votes and thus Knesset seats in the current election. If the head of the majority party fails to form a gov- ernment, the task is given to the head of the next-largest party or some other Knesset member. 186 Notes 6. Note that a bill must pass three readings and votes in the Knesset before it is passed into law. 7. Arian, 1997; Arieli, 1992; Barzilai, 1992; Beilin, 1984; Gutman, 1994; Horowitz & Lissak, 1989; Eisenstadt, 1989; Rubinstein, 1982 8. Barzilai, 1992 9. The Commission released its interim report on the circumstances leading to the outbreak of the Yom Kippur War in 1974. 10. This Commission investigated the 1982 massacre of Lebanese refugees at the Sabra and Shatila refugee camps by Phalangist militias during the Lebanese civil war. Arian, 1997; Eisenstadt, 1989; Shaham, 1998 11. Eisenstadt, 1989 12. A protest against the Israeli government started four months after the war ended. It was led by Motti Ashkenazi, commander of Budapest, the northernmost of the Bar-Lev forts and the only one during the war not to be captured by the Egyptians. Anger against the Israeli government (and Dayan in particular) was high. Shimon Agranat, President of the Israeli Supreme Court, was asked to lead an inquiry—the Agranat Commission—into the events leading up to the war and the setbacks of the first few days. 13. The Histadrut (“Federation” [of labor]) was founded in December 1920 in Haifa as a Jewish trade union that would also provide services for members, such as an employment exchange, sick pay, and consumer benefits. The Histradrut became one of the most pow- erful institutions in the state of Israel, a mainstay of the Labour-Zionist movement. With the increasing liberalization of the Israeli economy since the 1980s, the role and size of Histradrut has declined though it still remains a powerful force in Israeli society and the nation’s economy. 14. The Dollar Account affair was a political scandal that broke in Israel in 1977, following the exposure of an illegal US Dollar bank account held by Israeli Prime Minister Yitzhak Rabin and his wife Leah. According to Israeli currency regulations at the time, it was ille- gal for citizens to maintain foreign bank accounts without prior authorization. In the wake of this disclosure, Rabin handed in his resignation from the party leadership and candi- dacy for prime minister, an act that earned him praise as a responsible person and a man of integrity. 15. Aharoni, 1991 16. Judicial review of the constitutionality of primary legislation was not explicitly defined in the basic laws, and has developed in Israel on the basis of the Supreme Court’s interpreta- tion of the constitutional documents. It is through this process that rights such as freedom of expression, freedom of election and freedom of protest have been established. Kretzmer, D.; The Path to Judicial Review in Human Rights Cases: From Bergman and Kol Ha’am to Mizrahi Bank. Mishpatim, 1997, 28, 359–385 (Hebrew). 17. Adam, 1995; Benvenisti, 2001; Dotan & Hofnung, 2001; Mizrahi & Meydani, 2003 18. Dror, 1989; Eisenstadt, 1989; Mautner, 1993 19. Lehman-Wilzig, 1991, 1992; Mizrahi & Meydani, 2003 20. Yishai, 1987 21. Shprinzak, 1986 22. Korn, 1998 23. In 1975, the municipal electoral system underwent major reform. According to the new sys- tem, local elections are held every five years, separately from national elections. In 1978, the new system in which voters cast a double ballot and were able to vote for both a candidate for mayor and for a party list on the city council was implemented for the first time. This led to the proliferation of independent lists and candidates on behalf of the national parties; see also Brichta, 1977. 24. Arian, Nachmias & Amir, 2002; see also Goldberg, 1994 Notes 187 25. Arian, Nachmias & Amir 2002: 103 26. Arian, Nachmias & Amir, 2002: 104 27. One Israeli party was formed by Labor Party leader Ehud Barak in the run-up to the 1999 elections with the aim of making the Labor Party appear more centrist and to reduce its sec- ularist and elitist reputation among Mizrahi voters. (Gesher was led by prominent Mizrahi politician and former Likud MK David Levy, and Meimad is a religious party.) 28. Arian, Nachmias & Amir, 2002: 108 29. Rae, 1967: 47–58 30. Laakso & Taagepera, 1979 31. Knesset Archive, 2001 32. Swirski & Fraenkel, 2001; see also Moalem & Frisch, 1991 33. The majority of Israelis own rather than rent their homes and apartments. 34. Swirski & Konor-Attias, 2000 35. Swirski & Konor-Attias, 2000 36. The 1984 election was inconclusive and led to a power sharing agreement between Shimon Peres of the Alignment (HaMa’arakh) and Shamir of Likud. Peres was prime minister from 1984–1986 and Shamir from 1986–1988.
Recommended publications
  • 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
    [Show full text]
  • Jabotinsky Institute in Israel Peres, Netanyahu and Edelstein Praise
    Jabotinsky Institute in Israel Published by the Hon. Chairman Jabotinsky Institute in Israel Mr. Yitzhak Shamir Z"L Founder and first director: Former Prime Minister of Israel ז"ל Joseph Pa'amoni Volume 52 Octobre 2013 ראש הממשלה בנימין נתניהו מעיין בכרך "לאומיות ליברלית" מאת Prime Minister Binyamin Netanyahu looks through volume ז'בוטינסקי, שהגישו לו )משמאל( ד"ר קרני רובין־ז'בוטינסקי, יוסי Liberal Nationalism, given to him by members of Institute אחימאיר, מרדכי שריג וכן עמירם בוקשפן. .Executive Board Peres, Netanyahu and Edelstein Praise New Volume of the Works of Jabotinsky - Liberal Nationalism “Your renewed publication of the Works of Jabotinsky, edited the new book, that he has had the honor of reading a number by Prof. Arye Naor and translated by Peter Kriksunov and of Jabotinsky’s works in their original language—Russian. He Hamutal Bar-Yosef, marks an important theoretical stratum lauded the Jabotinsky Institute for this project and stated that there in the research of Jabotinsky’s doctrine,” wrote President was a great need to aid the Institute to continue this praiseworthy Shimon Peres in a thank-you letter to the director general endeavor. of the Jabotinsky Institute in Israel for the book Liberal Liberal Nationalism, the first volume in the new series of Nationalism by Ze’ev Jabotinsky. Jabotinsky’s ideological works, is edited by Professor Arye Naor. Currently the book is being produced by the Jabotinsky Institute Peres added, “The reader of Jabotinsky’s writings cannot help but be in an annotated edition featuring new translations to Hebrew from moved by the liberalism so inherent in his doctrine, by Jabotinsky’s such languages as Russian, Yiddish and English.
    [Show full text]
  • Israel's National Religious and the Israeli- Palestinian Conflict
    Leap of Faith: Israel’s National Religious and the Israeli- Palestinian Conflict Middle East Report N°147 | 21 November 2013 International Crisis Group Headquarters Avenue Louise 149 1050 Brussels, Belgium Tel: +32 2 502 90 38 Fax: +32 2 502 50 38 [email protected] Table of Contents Executive Summary ................................................................................................................... i Recommendations..................................................................................................................... iv I. Introduction ..................................................................................................................... 1 II. Religious Zionism: From Ascendance to Fragmentation ................................................ 5 A. 1973: A Turning Point ................................................................................................ 5 B. 1980s and 1990s: Polarisation ................................................................................... 7 C. The Gaza Disengagement and its Aftermath ............................................................. 11 III. Settling the Land .............................................................................................................. 14 A. Bargaining with the State: The Kookists ................................................................... 15 B. Defying the State: The Hilltop Youth ........................................................................ 17 IV. From the Hills to the State ..............................................................................................
    [Show full text]
  • 2016 Annual Report
    Research. Debate. Impact. 2016 ANNUAL REPORT 1 Table of Contents Message from the President and the Chairman of the Board 4 Sixth Meeting of IDI's International Advisory Council 8 The Center for Democratic Values and Institutions 11 The Center for Religion, Nation and State 23 The Center for Governance and the Economy 29 The Center for Security and Democracy 35 The Guttman Center for Surveys and Public Policy Research 41 IDI in the Media 47 Our Team 50 Our Leaders 51 Our Partners 52 Financials 53 Message from the President and the Chairman of the Board Dear Friends, 2016 was a year of change and upheaval throughout the jobs available to Haredim. The government adopted most of democratic world. Set against the tumult of Brexit and the the recommendations and is now in the process of allocating US elections, Israel seemed at times like an island of stability. a half-billion-shekel budget in line with these proposals. This However, under the surface, Israeli society is changing, and IDI success story illustrates the potential of turning relatively small took on a leading role in identifying those changes and working philanthropic investments into large-scale transformational with policymakers to address them. change by affecting policy and legislation on the basis of outstanding applied research. As the report that follows lays out, 2016 was a year rich in activity and achievements. In this letter, we have chosen to single Several new scholars joined our team in 2016. Ms. Daphna out the impact one program had on government policy in the Aviram-Nitzan, former director of research for the Israel employment area.
    [Show full text]
  • Download File
    Columbia University Graduate School of Arts and Sciences Human Rights Studies Master of Arts Program Silencing “Breaking the Silence”: The Israeli government’s agenda respecting human rights NGOs activism since 2009 Ido Dembin Thesis Adviser: Prof. Yinon Cohen Submitted in partial fulfillment of the requirements for the degree of Master of Arts 12 September, 2018 Abstract This research examines a key aspect in the deterioration of Israeli democracy between 2009-2018. Mainly, it looks at Prime Minister Benjamin Netanyahu's Right-wing governments utilization of legislative procedure to limit the right to free speech. The aspects of the right to free speech discussed here pertain to dissenting and critical activism against these government’s policies. The suppression of said right is manifested in the marginalization, delegitimization and ultimately silencing of its expression in Human Rights NGOs activism. To demonstrate this, the research presents a case study of one such NGO – “Breaking the Silence” – and the legal and political actions designed to cause its eventual ousting from mainstream Israeli discourse. The research focuses on the importance and uniqueness of this NGO, as well as the ways in which the government perceives and acts against it. First, it analyzes the NGO’s history, modus operandi and goals, emphasizing the uniqueness that makes it a particularly fascinating case. Then, it researches the government’s specific interest in crippling and limiting its influence. Finally, it highlights the government’s toolbox and utilization thereof against it. By shining a light on this case, the research seeks to show the process of watering down of a fundamental right within Israeli democracy – which is instrumental to understanding the state’s risk of decline towards illiberal democracy.
    [Show full text]
  • Aliyah and Settlement Process?
    Jewish Women in Pre-State Israel HBI SERIES ON JEWISH WOMEN Shulamit Reinharz, General Editor Joyce Antler, Associate Editor Sylvia Barack Fishman, Associate Editor The HBI Series on Jewish Women, created by the Hadassah-Brandeis Institute, pub- lishes a wide range of books by and about Jewish women in diverse contexts and time periods. Of interest to scholars and the educated public, the HBI Series on Jewish Women fills major gaps in Jewish Studies and in Women and Gender Studies as well as their intersection. For the complete list of books that are available in this series, please see www.upne.com and www.upne.com/series/BSJW.html. Ruth Kark, Margalit Shilo, and Galit Hasan-Rokem, editors, Jewish Women in Pre-State Israel: Life History, Politics, and Culture Tova Hartman, Feminism Encounters Traditional Judaism: Resistance and Accommodation Anne Lapidus Lerner, Eternally Eve: Images of Eve in the Hebrew Bible, Midrash, and Modern Jewish Poetry Margalit Shilo, Princess or Prisoner? Jewish Women in Jerusalem, 1840–1914 Marcia Falk, translator, The Song of Songs: Love Lyrics from the Bible Sylvia Barack Fishman, Double or Nothing? Jewish Families and Mixed Marriage Avraham Grossman, Pious and Rebellious: Jewish Women in Medieval Europe Iris Parush, Reading Jewish Women: Marginality and Modernization in Nineteenth-Century Eastern European Jewish Society Shulamit Reinharz and Mark A. Raider, editors, American Jewish Women and the Zionist Enterprise Tamar Ross, Expanding the Palace of Torah: Orthodoxy and Feminism Farideh Goldin, Wedding Song: Memoirs of an Iranian Jewish Woman Elizabeth Wyner Mark, editor, The Covenant of Circumcision: New Perspectives on an Ancient Jewish Rite Rochelle L.
    [Show full text]
  • 1 the Real Reason the Gaza War Broke
    The real reason the Gaza war broke out Adam Raz | Haaretz There’s no shortage of pieces in Haaretz based on the political theory that the great ones – to borrow from Bertolt Brecht – often slip on banana peels as they go about the work of government. Consider Haaretz’s Hebrew edition this past Wednesday: Columnist and business editor Sami Peretz explained to his readers that the current round of violence “began with a series of mistakes by the Israel Police” in Jerusalem. Senior Middle Eastern affairs analyst Zvi Bar’el wrote that “thanks to Israel’s mismanagement, Hamas identified an opportunity” to marginalize the Palestinian Authority. And top Military correspondent and defense analyst Amos Harel added that in recent days Israel “underestimated Hamas’ intentions and operational capabilities. But it’s possible that now the Hamas leadership in Gaza is making the same critical mistake.” Another Haaretz military correspondent, Yaniv Kubovich, reported on that same day that defense officials incorrectly believed that Hamas would be deterred from fighting, while chief intelligence and strategic affairs columnist Yossi Melman adopted Barbara Tuchman’s “March of Folly’’ thesis to explain how sometimes leaders act just plain foolishly. As Melman put it, the measures being taken now “violate the self-interest” of Benjamin Netanyahu. In other words, according to Wednesday’s Haaretz, the prime minister and Israel’s other decision-makers are, to put it crudely, thickheaded – as if they were making mistakes day in and day out. Mr. Melman, like other writers, insured himself against the risk that facts would emerge to destroy his thesis, so he added that we can’t rule out that “folly doesn’t apply to what’s happening to us right now.” Mr.
    [Show full text]
  • A Pre-Feasibility Study on Water Conveyance Routes to the Dead
    A PRE-FEASIBILITY STUDY ON WATER CONVEYANCE ROUTES TO THE DEAD SEA Published by Arava Institute for Environmental Studies, Kibbutz Ketura, D.N Hevel Eilot 88840, ISRAEL. Copyright by Willner Bros. Ltd. 2013. All rights reserved. Funded by: Willner Bros Ltd. Publisher: Arava Institute for Environmental Studies Research Team: Samuel E. Willner, Dr. Clive Lipchin, Shira Kronich, Tal Amiel, Nathan Hartshorne and Shae Selix www.arava.org TABLE OF CONTENTS 1 INTRODUCTION 1 2 HISTORICAL REVIEW 5 2.1 THE EVOLUTION OF THE MED-DEAD SEA CONVEYANCE PROJECT ................................................................... 7 2.2 THE HISTORY OF THE CONVEYANCE SINCE ISRAELI INDEPENDENCE .................................................................. 9 2.3 UNITED NATIONS INTERVENTION ......................................................................................................... 12 2.4 MULTILATERAL COOPERATION ............................................................................................................ 12 3 MED-DEAD PROJECT BENEFITS 14 3.1 WATER MANAGEMENT IN ISRAEL, JORDAN AND THE PALESTINIAN AUTHORITY ............................................... 14 3.2 POWER GENERATION IN ISRAEL ........................................................................................................... 18 3.3 ENERGY SECTOR IN THE PALESTINIAN AUTHORITY .................................................................................... 20 3.4 POWER GENERATION IN JORDAN ........................................................................................................
    [Show full text]
  • 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
    [Show full text]
  • The Role of Ultra-Orthodox Political Parties in Israeli Democracy
    Luke Howson University of Liverpool The Role of Ultra-Orthodox Political Parties in Israeli Democracy Thesis submitted in accordance with the requirements of the University of Liverpool for the degree of Doctor in Philosophy By Luke Howson July 2014 Committee: Clive Jones, BA (Hons) MA, PhD Prof Jon Tonge, PhD 1 Luke Howson University of Liverpool © 2014 Luke Howson All Rights Reserved 2 Luke Howson University of Liverpool Abstract This thesis focuses on the role of ultra-orthodox party Shas within the Israeli state as a means to explore wider themes and divisions in Israeli society. Without underestimating the significance of security and conflict within the structure of the Israeli state, in this thesis the Arab–Jewish relationship is viewed as just one important cleavage within the Israeli state. Instead of focusing on this single cleavage, this thesis explores the complex structure of cleavages at the heart of the Israeli political system. It introduces the concept of a ‘cleavage pyramid’, whereby divisions are of different saliency to different groups. At the top of the pyramid is division between Arabs and Jews, but one rung down from this are the intra-Jewish divisions, be they religious, ethnic or political in nature. In the case of Shas, the religious and ethnic elements are the most salient. The secular–religious divide is a key fault line in Israel and one in which ultra-orthodox parties like Shas are at the forefront. They and their politically secular counterparts form a key division in Israel, and an exploration of Shas is an insightful means of exploring this division further, its history and causes, and how these groups interact politically.
    [Show full text]
  • The Normative Cycle of Shaping Judicial Independence in Domestic
    Chicago Journal of International Law Volume 10 Number 1 Article 13 6-1-2009 The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Shetreet, Shimon (2009) "The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges," Chicago Journal of International Law: Vol. 10: No. 1, Article 13. Available at: https://chicagounbound.uchicago.edu/cjil/vol10/iss1/13 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. The Normative Cycle of Shaping Judicial Independence in Domestic and International Law: The Mutual Impact of National and International Jurisprudence and Contemporary Practical and Conceptual Challenges Shimon Shetreet* I. INTRODUCTION The creation of the culture of judicial independence has been a combined process of national and international developments. The process consists of a cycle of normative and conceptual impact of national law on international law and later, of international law on national law. In the cycle's first phase, which began in 1701 with England's enactment of the Act of Settlement,' judicial independence was conceived domestically. In the second phase, which began shortly thereafter, this domestic development crossed national boundaries and impacted the thinking of scholars and political leaders in the international community.
    [Show full text]
  • A Detailed Proposal for a Feasible Electoral Reform
    Improving the Accountability and Stability of Israel’s Political System: A Detailed Proposal for a Feasible Electoral Reform Abraham Diskin & Emmanuel Navon August 2015 Page 1 of 58 Table of Contents Executive Summary Page 3 Part 1: Purpose and Goals of Electoral Reform Page 5 Part 2: Mechanism for the Implementation of the Proposed Reforms Page 7 Part 3: Means for Achieving the Goals of Electoral Reform Page 10 Appendix 1: History of Israel’s Voting System and Electoral Reforms Page 15 Appendix 2: Example of Voting Ballot for Election-day Primaries Page 19 Appendix 3: Comparative Study of Electoral Systems Page 20 Appendix 4: Regional Elections Page 23 Appendix 5: Mechanisms for Appointing a Government Page 30 Appendix 6: Duration of Israeli Governments Page 33 Appendix 7: Correlation of the Number of Parties and Political Stability Page 39 Appendix 8: Results of Knesset Elections, 1949-2015 Page 42 Appendix 9: Opinion Poll on the Proposed Reforms Page 53 Bibliography Page 56 Page 2 of 58 Executive Summary This paper is a detailed proposal for the reform of Israel’s electoral system. The changes proposed here are the result of years of research, of data analysis, and of comparative studies. We believe that the reforms outlined in this paper would be beneficial, that they would have a realistic chance of being implemented, and that they would strike a delicate balance between conflicting agendas. The proposed reform is meant to achieve the following overall goals: a. To make Members of Knesset (MKs) more accountable and answerable to their voters; b. To improve government stability.
    [Show full text]