Bar-Ilan University Faculty of Law International Program
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ISRAEL Israel Is a Multiparty Parliamentary Democracy with A
ISRAEL Israel is a multiparty parliamentary democracy with a population of approximately 7.7 million, including Israelis living in the occupied territories. Israel has no constitution, although a series of "Basic Laws" enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a "State of Emergency," which has been in effect since 1948. The 120-member, unicameral Knesset has the power to dissolve the government and mandate elections. The February 2009 elections for the Knesset were considered free and fair. They resulted in a coalition government led by Prime Minister Benjamin Netanyahu. Israeli security forces reported to civilian authorities. (An annex to this report covers human rights in the occupied territories. This report deals with human rights in Israel and the Israeli-occupied Golan Heights.) Principal human rights problems were institutional, legal, and societal discrimination against Arab citizens, Palestinian residents of the West Bank and the Gaza Strip (see annex), non-Orthodox Jews, and other religious groups; societal discrimination against persons with disabilities; and societal discrimination and domestic violence against women, particularly in Bedouin society. While trafficking in persons for the purpose of prostitution decreased in recent years, trafficking for the purpose of labor remained a serious problem, as did abuse of foreign workers and societal discrimination and incitement against asylum seekers. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life The government or its agents did not commit politically motivated killings. The petitioners withdrew their appeal to the High Court against the closure of the inquiry by the Department for Investigations against Police Officers' (DIPO) into the 2008 beating and subsequent coma and death of Sabri al-Jarjawi, a Bedouin. -
Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism
Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2018 Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism Mohamad Batal Follow this and additional works at: https://scholarship.claremont.edu/cmc_theses Part of the Constitutional Law Commons, and the Law and Politics Commons Recommended Citation Batal, Mohamad, "Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism" (2018). CMC Senior Theses. 1826. https://scholarship.claremont.edu/cmc_theses/1826 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. Claremont McKenna College Shifting Priorities? Civic Identity in the Jewish State and the Changing Landscape of Israeli Constitutionalism Submitted To Professor George Thomas by Mohamad Batal for Senior Thesis Spring 2018 April 23, 2018 ii iii iv Abstract: This thesis begins with an explanation of Israel’s foundational constitutional tension—namely, that its identity as a Jewish State often conflicts with liberal- democratic principles to which it is also committed. From here, I attempt to sketch the evolution of the state’s constitutional principles, pointing to Chief Justice Barak’s “constitutional revolution” as a critical juncture where the aforementioned theoretical tension manifested in practice, resulting in what I call illiberal or undemocratic “moments.” More profoundly, by introducing Israel’s constitutional tension into the public sphere, the Barak Court’s jurisprudence forced all of the Israeli polity to confront it. My next chapter utilizes the framework of a bill currently making its way through the Knesset—Basic Law: Israel as the Nation-State of the Jewish People—in order to draw out the past and future of Israeli civic identity. -
Israel's Religious Right and the Question Of
ISRAEL’S RELIGIOUS RIGHT AND THE QUESTION OF SETTLEMENTS Middle East Report N°89 – 20 July 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. NATIONAL-RELIGIOUS FRAGMENTATION AND RADICALISATION............ 3 III. THE TIME OF THE ULTRA-ORTHODOX............................................................... 12 IV. JEWISH ACTIVIST TOOLS ........................................................................................ 17 A. RHETORIC OR REALITY? ............................................................................................................17 B. INSTITUTIONAL LEVERAGE ........................................................................................................17 1. Political representation...............................................................................................................17 2. The military................................................................................................................................20 3. Education ...................................................................................................................................24 C. A PARALLEL SYSTEM ................................................................................................................25 V. FROM CIVIL DISOBEDIENCE TO VIOLENCE .................................................... -
The Global Political Economy of Israel
Bichler 00 prelims 20/1/06 1:09 PM Page iii The Global Political Economy of Israel Jonathan Nitzan and Shimshon Bichler Pluto P Press LONDON • STERLING, VIRGINIA Bichler 00 prelims 20/1/06 1:09 PM Page iv First published 2002 by Pluto Press 345 Archway Road, London N6 5AA and 22883 Quicksilver Drive, Sterling, VA 20166–2012, USA www.plutobooks.com Copyright © Jonathan Nitzan and Shimshon Bichler 2002 The right of Jonathan Nitzan and Shimshon Bichler to be identified as the authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN 0 7453 1676 X hardback ISBN 0 7453 1675 1 paperback Library of Congress Cataloguing in Publication Data A catalogue record for this book is available 10987654321 Designed and produced for Pluto Press by Chase Publishing Services, Fortescue, Sidmouth EX10 9QG Typeset from disk by Stanford DTP Services, Towcester Printed in the European Union by Antony Rowe Ltd, Chippenham, England Bichler 00 prelims 20/1/06 1:09 PM Page v To Geneviève and Elvire, with love, from Jonathan To Dassi, with love, from Shimshon Bichler 00 prelims 20/1/06 1:09 PM Page vi Bichler 00 prelims 20/1/06 1:09 PM Page vii Contents List of Figures xi List of Tables xiii Acknowledgements xiv 1 Introduction 1 The Conventional Wisdom 3 Statism 4 The ‘Unique Case’ of Israel 6 ‘Classless’ Capitalism 7 Toward a Global Political Economy of Israel 8 Capital and Differential Accumulation -
On International Legal Paradigms and the Legal Status of the West Bank
Washington University Global Studies Law Review Volume 14 Issue 3 2015 The Astro-Nomos: On International Legal Paradigms and the Legal Status of the West Bank Orna Ben-Naftali Haim Striks School of Law, the College of Management Academic Studies Rafi Reznik Tel-Aviv University Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the International Law Commons, and the Law and Politics Commons Recommended Citation Orna Ben-Naftali and Rafi Reznik, The Astro-Nomos: On International Legal Paradigms and the Legal Status of the West Bank, 14 WASH. U. GLOBAL STUD. L. REV. 399 (2015), https://openscholarship.wustl.edu/law_globalstudies/vol14/iss3/6 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE ASTRO-NOMOS: ON INTERNATIONAL LEGAL PARADIGMS AND THE LEGAL STATUS OF THE WEST BANK ORNA BEN-NAFTALI RAFI REZNIK ABSTRACT The continuous Israeli occupation of the Palestinian territory may well have exhausted the international community and exasperated the Palestinians, but it still stimulates the Israeli legal imagination. In 2012, the Israeli government established an expert committee to examine the status of Jewish construction in the West Bank. The committee’s report concluded that from an international legal perspective, the West Bank is not occupied territory; the law of belligerent occupation is not applicable to the area; the “prevailing view” is that Jewish settlements are lawful; and that Israel has a valid claim to sovereignty over the territory. -
Hoffman V. Director General of the Prime Minister's Office
HCJ 3358/95 Petitioners: 1. Anat Hoffman 2. Chaya Beckerman 3. International Committee for Women of the Wall, Inc. by Miriam Benson v. Respondents: 1. Director General of the Prime Minister’s Office 2. Director General of the Ministry of Religion 3. Director General of the Ministry of the Interior 4. Director General of the Ministry of Police 5. Legal Advisor to the Prime Minister’s Office 6. Prime Minister’s Advisor on the Status of Women 7. Government of Israel Attorneys for the Petitioners: Jonathan Misheiker, Adv., Francis Raday, Adv. Attorney for the Respondents: Uzi Fogelman, Adv. The Supreme Court as High Court of Justice [17 Iyar 5760 (May 22, 2000)] Before Justice E. Mazza, Justice T. Strasberg-Cohen, Justice D. Beinisch Objection to an Order Nisi This petition concerns the Petitioners’ request to establish arrangements that would enable them to pray in the prayer area adjacent to the Western Wall in “women’s prayer groups, together with other Jewish women, while they are wearing tallitot [prayer shawls] and reading aloud from the Torah”, as required by the judgment of the Supreme Court in HCJ 257/89 Hoffman v. Director of the Western Wall (hereinafter: the First Judgment). Pursuant to the First Judgment, the Government decided, in 1994, to appoint a Directors General Committee, headed by the Director General of the Prime Minister’s Office, to present a proposal for a possible solution that would ensure the Petitioners’ right of access and worship in the Western Wall Plaza, while limiting the affront to the feelings of other worshippers at the site. -
Israel's Religious Right and the Question of Settlements
ISRAEL’S RELIGIOUS RIGHT AND THE QUESTION OF SETTLEMENTS Middle East Report N°89 – 20 July 2009 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... i I. INTRODUCTION ............................................................................................................. 1 II. NATIONAL-RELIGIOUS FRAGMENTATION AND RADICALISATION............ 3 III. THE TIME OF THE ULTRA-ORTHODOX............................................................... 12 IV. JEWISH ACTIVIST TOOLS ........................................................................................ 17 A. RHETORIC OR REALITY? ............................................................................................................17 B. INSTITUTIONAL LEVERAGE ........................................................................................................17 1. Political representation...............................................................................................................17 2. The military................................................................................................................................20 3. Education ...................................................................................................................................24 C. A PARALLEL SYSTEM ................................................................................................................25 V. FROM CIVIL DISOBEDIENCE TO VIOLENCE .................................................... -
Contemporary Legal Debate in Israel Is Alive with Argument and Counter-Argument on the Tension Between Two Attributes of The
Israeli Legal History: A Bibliography This bibliography is an updated (October 2017) version of the bibliography published in The History of Law in a Multi-Cultural Society: Israel 1917-1967. (Ron Harris, Alexandre (Sandy) Kedar, Assaf Likhovski and Pnina Lahav eds.) Aldershot: Ashgate (2002). It includes secondary (and a few primary) sources dealing with the legal history of late-Ottoman, and Mandatory Palestine and Israel between 1948 and 1967. Please send updates/comments/corrections to the David Berg Foundation Institute for Law and History at Tel Aviv University, [email protected]. Abcarius, Michel F. "The Fiscal System." In Sa'id B. Himadeh ed. Economic Organization of Palestine. Beirut: American Press (1938): 505-556. Abou Ramadan, Moussa. The Minorities in Israel and International Law (2001) (unpublished Ph.D. dissertation, Aix-Marseille III University) (French). Abrams, Norman. "Interpreting the Criminal Code Ordinance, 1936: The Untapped Well." Israel Law Review 7(1) (1972): 25-64. Agmon, Iris. "Late-Ottoman Legal Reforms and the Shari'a Courts: A Few Comments on Women, Gender and Family." In Eyal Katvan, Margalit Shilo and Ruth Halperin-Kaddari eds. One Law for Man and Woman: Women, Rights and Law in Mandatory Palestine. Ramat-Gan: Bar-Ilan University Press (2010): 117-149 (Hebrew). –––––. "Gender and Social Change: The Shari‘a Court and the Orphan Funds in Late Ottoman Jaffa and Haifa." In Ruth Roded and Noga Efrati eds. Women and Gender in the Middle East in the Twentieth Century. Jerusalem: The Hebrew University Magnes Press (2008): 53-70 (Hebrew). –––––. Family and Court: Legal Culture and Modernity in Late Ottoman Palestine. -
Turning a Blind Eye: Impunity for Laws-Of-War Violations During the Gaza
Israel/Occupied Palestinian Territories HUMAN Turning a Blind Eye RIGHTS Impunity for Laws-of-War Violations during the Gaza War WATCH Turning a Blind Eye Impunity for Laws-of-War Violations during the Gaza War Copyright © 2010 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-598-9 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org April 2010 1-56432-598-9 Turning a Blind Eye Impunity for Laws-of-War Violations during the Gaza War Summary ........................................................................................................................... 1 Impunity in Israel and Gaza ............................................................................................ 3 Legal Standards .............................................................................................................. 7 Violations and Response by Hamas ................................................................................... -
Orthodox and Non-Orthodox Judaism: How to Square the Circle
www.jcpa.org ORTHODOX AND NON-ORTHODOX JUDAISM: HOW TO SQUARE THE CIRCLE Daniel J. Elazar Two Contrary Understandings of Judaism / The Problem Emerges and Grows / Earlier Squaring of Circles in Zionist History / Resolving the Present Issue: The Real Choices / A Final Word Once again, Israel and the Jewish people have won a momentary respite from a head-on confrontation over religious issues that could lead to a split in the Jewish people. Finance Minister Yaakov Neeman, his committee, and the parties involved have gone back to the negotiation table, if not to the drawing board, for three more months to try to bring about what in effect is a squaring of the circle of Judaism: the development of operational ways to maintain Jewish religious unity in the face of the confrontation of two binary opposite perspectives. At the root of the problem is the fact that both the Israeli Orthodox establishment and the American Conservative and Reform movements are right from their respective perspectives. Worse than that, an objective observer would probably also have to agree that both are right, at least in some ways. Two Contrary Understandings of Judaism The Chief Rabbinate and the Israeli religious establishment, and, for that matter, probably an overwhelming majority of Israelis as well, regardless of their own religious practices, understand Judaism to be an overarching structure, an edifice erected over thousands of years, not simply based upon a Divine plan but constructed through the Bible, the Talmud, the great codes, and the great interpretations of those codes, as a complex but standing structure that technically never changes but is only reinterpreted in a limited way to function within changing realities. -
Levy Commission Report on the Legal Status of Building in Judea and Samaria
With much gratitude, the translation of this very important report was made possible due to the donations of a very generous man whose love of Eretz Israel is without bounds. The Levy Commission Report on the Legal Status of Building in Judea and Samaria ©The translation of this report and its contents is and remain the copyright of Regavim 2014. The section of ‘Conclusions & Recommendations’ is from the original Israeli Government translation. The Levy Commission Report The Levy Commission Report on the Legal Status of Building in Judea and Samaria Jerusalem – 21 June 2012 – 1 Tammuz 5772 Translated by Regavim 1 The Levy Commission Report 1 Tammuz 5772 (21June 2012) To: Benjamin Netanyahu Yaakov Neeman Prime Minister Minister of Justice Jerusalem Jerusalem Dear Sirs, We have the honor of submitting this report, which sums up the work of the commission that studied the issue of building in Judea and Samaria, which was established at your instructions on 13 February 2012 (20 Shvat 5772). Respectfully yours, ________________ ________________ _______________ E. E. Levy Tehiya Shapira Amb. Alan Baker (Ret.) Supreme Court Justice (Ret.) District Court Judge Member Chairman Member Translated by Regavim 2 The Levy Commission Report Table of Contents Terms of Reference ....................................................................................................... 4 The Status of the Territories of Judea and Samaria According to International Law ... 5 The planning and zoning authorities in Judea and Samaria and the principles of the planning -
HCJ 7625/06 HCJ 1594/11 HCJ 1595/11 President M. Naor Deputy
HCJ 7625/06 HCJ 1594/11 HCJ 1595/11 Before: President M. Naor Deputy President E. Rubinstein Justice S. Joubran Justice E. Hayut Justice H. Melcer Justice Y. Danziger Justice N. Hendel Justice U. Vogelman Justice Y. Amit Petitioner in HCJ 7625/06: Martina Rogachova Petitioners in HCJ 1594/11: 1. Shawn Patrick Murphy 2. Rachel Zipporah Alter Petitioner in HCJ 1595/11: Viviana del Sisana Cabarera Martinez v. Respondents in HCJ 7625/06: 1. Ministry of the Interior 2. Population Authority 3. Conversion Committee – Prime Minister’s Office 4. Immigration Authority Respondents in HCJ 1594/11 and 1. Ministry of the Interior HCJ 1595/11 2. Conversion Committee – Prime Minister’s Office Requesting to join as Respondents: 1. World Union for Progressive Judaism 2. Movement for Progressive Judaism in Israel 3. Masorti Movement in Israel Requesting to join as “Amicus Curiae”: ITIM Organization Objection to an Order Nisi Dates of the hearings: 23 Adar 5773 (March 5, 2013) 13 Tammuz 5755 (June 30, 2015 Attorneys for the Petitioner in HCJ Adv. Theodor Schwarzberg; Adv. 7625/06: Meital Schwarzberg-Hazan Attorneys for the Petitioners in HCJ Adv. Yael Katz Mestbaum; Adv. Ella 1594/11 Borochov and the Petitioner in HCJ 1595/11 Attorneys for the Respondents in HCJ Adv. Yochi Genessin; Adv. Roi 7625/06, HCJ 1594/11 and HCJ Shweika 1595/11: Attorney for those requesting to be joined Adv. Nicole Maor as Respondents: Attorneys for the party requesting to join Adv. Aviad Hacohen; Adv. Elad as Amicus Curiae Kaplan Israel Supreme Court cases cited [1] HCJ 58/68 Shalit v.