Inventing Judicial Review: Israel and America
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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 -
Elections Disqualifications Caseselections Disqualifications Cases
The Archive Law, the GSS Law and Elections Disqualifications CasesElections Disqualifications Cases Excerptsthe Public from Legal DiscourseArguments Submitted in by AdalahIsrael to the Central Elections Committee and the Supreme Court December 2002 – January 2003 Hillel Cohen Editors’ Note The following are excerpts from the reply briefs submitted by Adalah to the Central Elections Committee and to the Supreme Court of Israel in the 2003 elections disqualification cases. In these cases, Adalah represented MK Dr. Azmi Bishara and the National Democratic Assembly; MK ‘Abd al-Malek Dahamshe and the United Arab List; and MK Dr. Ahmad Tibi and the Democratic Front for Peace and Equality-Arab Movement for Renewal List against motions to disqualify them filed by the Attorney General and numerous right-wing MKs and political parties. Adalah argued in these cases that the May 2002 amendment to the Basic Law: The Knesset is unconstitutional, in particular, with regard to the provision that any individual candidate or political party list that “support(s) the armed struggle of an enemy state or of a terrorist organization against the State of Israel” may be disqualified from running in the elections for the Knesset. Legal Problems Inherent in Section 7A(a)(3) 1 The respondents will argue that the applicants’ position regarding the application of Section 7A(a)(3) of the Basic Law: The Knesset – which refers to “support(ing) the armed struggle of an enemy state or of a terror organization” – raises two serious legal problems. The first relates to the legal interpretation of this provision, and the second involves its retroactive application. -
The Supreme Court of Israel on 15 April 2015
Translation from the original Hebrew by Adalah Summary of decision issued by the Supreme Court of Israel on 15 April 2015 The Supreme Court of Israel HCJ 5239/11, HCJ 5392/11, HCJ 5549/11, HCJ 2072/121 Uri Avnery et al. v. Knesset et al. Concerning the constitutionality of the Law Preventing Harm to the State of Israel by Means of Boycott Summary of decision An expanded panel of nine Supreme Court justices handed down a decision today (15 April 2015) on the petitions that challenged the constitutionality of the Law Preventing Harm to the State of Israel by Means of Boycott – 2011 (hereinafter: the Boycott Law, or the law). The law, enacted by the Knesset on 11 July 2011, imposes tort liability on any person who knowingly issues a public call to impose a boycott on the State of Israel, that is: anyone who calls for “deliberately avoiding economic, cultural or academic ties with a person, or other entity, solely because of their affiliation with the State of Israel, one of its institutions, or an area under its control, in such a way that may cause economic, cultural or academic harm” (hereinafter: a call to impose a boycott on the State of Israel). The law also authorizes the minister of finance to institute regulations to restrict those calling for such boycott from participating in tenders for contracts with the state, and to deny them various benefits granted by the state. The petitioners sought to challenge the constitutionality of the law, arguing that it violates various constitutional rights (primarily: the freedom of political expression, the right to equality, and the right to freedom of occupation), and does not meet the conditions defined for this purpose in the “limitation clauses” in Basic Law: Human Dignity and Liberty and in Basic Law: Freedom of Occupation. -
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. -
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. -
Israel in 1982: the War in Lebanon
Israel in 1982: The War in Lebanon by RALPH MANDEL LS ISRAEL MOVED INTO its 36th year in 1982—the nation cele- brated 35 years of independence during the brief hiatus between the with- drawal from Sinai and the incursion into Lebanon—the country was deeply divided. Rocked by dissension over issues that in the past were the hallmark of unity, wracked by intensifying ethnic and religious-secular rifts, and through it all bedazzled by a bullish stock market that was at one and the same time fuel for and seeming haven from triple-digit inflation, Israelis found themselves living increasingly in a land of extremes, where the middle ground was often inhospitable when it was not totally inaccessible. Toward the end of the year, Amos Oz, one of Israel's leading novelists, set out on a journey in search of the true Israel and the genuine Israeli point of view. What he heard in his travels, as published in a series of articles in the daily Davar, seemed to confirm what many had sensed: Israel was deeply, perhaps irreconcilably, riven by two political philosophies, two attitudes toward Jewish historical destiny, two visions. "What will become of us all, I do not know," Oz wrote in concluding his article on the develop- ment town of Beit Shemesh in the Judean Hills, where the sons of the "Oriental" immigrants, now grown and prosperous, spewed out their loath- ing for the old Ashkenazi establishment. "If anyone has a solution, let him please step forward and spell it out—and the sooner the better. -
Israel: Growing Pains at 60
Viewpoints Special Edition Israel: Growing Pains at 60 The Middle East Institute Washington, DC Middle East Institute The mission of the Middle East Institute is to promote knowledge of the Middle East in Amer- ica and strengthen understanding of the United States by the people and governments of the region. For more than 60 years, MEI has dealt with the momentous events in the Middle East — from the birth of the state of Israel to the invasion of Iraq. Today, MEI is a foremost authority on contemporary Middle East issues. It pro- vides a vital forum for honest and open debate that attracts politicians, scholars, government officials, and policy experts from the US, Asia, Europe, and the Middle East. MEI enjoys wide access to political and business leaders in countries throughout the region. Along with information exchanges, facilities for research, objective analysis, and thoughtful commentary, MEI’s programs and publications help counter simplistic notions about the Middle East and America. We are at the forefront of private sector public diplomacy. Viewpoints are another MEI service to audiences interested in learning more about the complexities of issues affecting the Middle East and US rela- tions with the region. To learn more about the Middle East Institute, visit our website at http://www.mideasti.org The maps on pages 96-103 are copyright The Foundation for Middle East Peace. Our thanks to the Foundation for graciously allowing the inclusion of the maps in this publication. Cover photo in the top row, middle is © Tom Spender/IRIN, as is the photo in the bottom row, extreme left. -
Judicial Review, a Comparative Perspective: Israel, Canada, and the United States
Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Articles Faculty 2010 Judicial Review, a Comparative Perspective: Israel, Canada, and the United States Malvina Halberstam Benjamin N. Cardozo School of Law, [email protected] Follow this and additional works at: https://larc.cardozo.yu.edu/faculty-articles Part of the Law Commons Recommended Citation Malvina Halberstam, Judicial Review, a Comparative Perspective: Israel, Canada, and the United States, 31 Cardozo Law Review 2393 (2010). Available at: https://larc.cardozo.yu.edu/faculty-articles/68 This Article is brought to you for free and open access by the Faculty at LARC @ Cardozo Law. It has been accepted for inclusion in Articles by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. JUDICIAL REVIEW, A COMPARATIVE PERSPECTIVE: ISRAEL, CANADA, AND THE UNITED STATES INTRODUCTION Malvina Halberstam∗ On April 26, 2009, the Benjamin N. Cardozo School of Law hosted a roundtable discussion, Judicial Review, a Comparative Perspective: Israel, Canada, and the United States, with prominent jurists, statesmen, academics, and practicing attorneys.∗∗ The panel was comprised of Justice Morris Fish of the Canadian Supreme Court; Justice Elyakim Rubinstein of the Israeli Supreme Court; Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit; Hon. Irwin Cotler, a member of the Canadian Parliament and formerly Minister of Justice and Attorney General of Canada; Hon. Michael Eitan, a Minister in the government of Israel, a member of the Knesset (Israeli Parliament), and former chair of the Committee on the Constitution, Law and Justice; Professor Daniel Friedmann, formerly Minister of Justice of Israel, who proposed legislation to remedy what some view as serious problems with judicial review in Israel; Nathan Lewin, one of the most eminent attorneys in the United States, who has argued many cases before the U.S. -
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 -
It Is Fitting That We Come Together Today, on the Day the Members Of
I would like to begin by thanking David Berger and the other Keshet organizers for allowing me to submit a paper to be read to you in my absence. I am, regrettably, unable to be in New York today, but am grateful for the honor of having been asked to participate in this way, nevertheless. My talk is entitled: Svara, Queers, and the Future of Rabbinic Judaism According to Masechet Sanhedrin [5a], there are two requirements for one who wants to exercise rabbinic authority—one must be both gamirna and savirna. Now, what do these Aramaic terms mean? Gamirna implies that one has to have amassed sufficient knowledge or learning. Basically, they gotta know their stuff. And savirna implies they have to have the ability to exercise svara. But what is this svara that is so crucial to functioning as a rabbi and to interpreting God’s will? It seems pretty straightforward: svara, the ability to be “savir,” “reasonable.” The capacity to reason. But, actually, svara is much more complicated, and, it turns out, is not only a prerequisite for those aspiring to rabbinic authority, but is probably the most significant source of Jewish law we have. After the destruction of the Second Temple, our founding Rabbis increased the number of places to which they could turn to discover God’s will—that is, the sources of Jewish Law—from one to five. In addition to our old standby—a verse in the Torah, which they called kra (and which legal scholars call midrash)—they added ma’aseh (precedent), minhag (custom), takkanah (legislation) and last but not least, svara. -
Trends in Legal Formalism and the Judicial Role: Jurisprudence Meets Empirical Legal Studies
RESEARCH WORKSHOP OF THE ISRAEL SCIENCE FOUNDATION Trends in legal formalism and the judicial role: Faculty of Law Jurisprudence meets empirical legal studies 18-20 December, 2016 Sunday, December 18th - Faculty Lounge 09:00-10:30 First Session: Opening Comments and Conceptual Debates About Formalism Chair: Prof. Michal Alberstein, Bar-Ilan University Dr. Limor Gabai-Egozi and Prof. Bryna Bogoch, Bar-Ilan University, Formalisms of Law: The Fluctuating Paths of Legal Rhetoric Prof. Lawrence Solan, Brooklyn Law School, Rhetoric in the US Supreme Court: From Formalism to Pragmatism Prof. Dennis Kurzon, Haifa University, Sir Thomas More as a Legal Formalist Prof. Barak Medina, Hebrew University, Rules vs. Standards in Constitutional Adjudication Coffee break 11:00-12:30 Second Session: Socio-legal and Historical Aspects of Legal Formalism Chair: Dr. Ori Aronson, Bar-Ilan University Prof. Menny Mautner, Tel-Aviv University, The Decline of Formalism and the Rise of Values in Israeli Legal Culture 1980-1993-2016 Prof. Brian Tamanaha, Washington University, The Inevitability of Formalism and Realism Prof. Nir Kedar, Sapir Academic College/Bar-Ilan University, A Broader Historical Look at Legal Formalism Lunch break 14:00-15:30 Third Session: Formalism in Jewish Law Chair: Prof. Tsilly Dagan, Bar-Ilan University Prof. Yair Lorberbaum, Bar-Ilan University, Halakhah, Kabbalah and Legal Formalism Prof. Haim Shapira, Bar-Ilan University, Judicial Arbitration as an Anti- Formalistic Mechanism in the Jewish Judging System Prof. Suzanne Stone, Benjamin N. Cardozo School of Law/Yeshiva University, Formalism and Aesthetics: From Blackstone to Brisk Prof Adiel Schremer, Bar Ilan University, The Textualist Shift and the Rise of Formalism in Early Rabbinic Legal Thought RESEARCH WORKSHOP OF THE ISRAEL SCIENCE FOUNDATION Trends in legal formalism and the judicial role: Jurisprudence meets empirical legal studies 16:00-17:30 Fourth Session: Reconstructions of Legal Formalism Chair: Prof. -
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).