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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 -
American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav
Hastings Constitutional Law Quarterly Volume 9 Article 2 Number 1 Fall 1981 1-1-1981 American Influence on Israel's Jurisprudence of Free Speech Pnina Lahav Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Pnina Lahav, American Influence on Israel's Jurisprudence of Free Speech, 9 Hastings Const. L.Q. 21 (1981). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol9/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. ARTICLES American Influence on Israel's Jurisprudence of Free Speech By PNINA LAHAV* Table of Contents Introduction ........................................................ 23 Part 1: 1953-Enter Probable Danger ............................... 27 A. The Case of Kol-Ha'am: A Brief Summation .............. 27 B. The Recipient System on the Eve of Transplantation ....... 29 C. Justice Agranat: An Anatomy of Transplantation, Grand Style ...................................................... 34 D. Jurisprudence: Interest Balancing as the Correct Method to Define the Limitations on Speech .......................... 37 1. The Substantive Material Transplanted ................. 37 2. The Process of Transplantation -
The Labor Party and the Peace Camp
The Labor Party and the Peace Camp By Uzi Baram In contemporary Israeli public discourse, the preoccupation with ideology has died down markedly, to the point that even releasing a political platform as part of elections campaigns has become superfluous. Politicians from across the political spectrum are focused on distinguishing themselves from other contenders by labeling themselves and their rivals as right, left and center, while floating around in the air are slogans such as “political left,” social left,” “soft right,” “new right,” and “mainstream right.” Yet what do “left” and “right” mean in Israel, and to what extent do these slogans as well as the political division in today’s Israel correlate with the political traditions of the various parties? Is the Labor Party the obvious and natural heir of The Workers Party of the Land of Israel (Mapai)? Did the historical Mapai under the stewardship of Ben Gurion view itself as a left-wing party? Did Menachem Begin’s Herut Party see itself as a right-wing party? The Zionist Left and the Soviet Union As far-fetched as it may seem in the eyes of today’s onlooker, during the first years after the establishment of the state, the position vis-à-vis the Soviet Union was the litmus test of the left camp, which was then called “the workers’ camp.” This camp viewed the centrist liberal “General Zionists” party, which was identified with European liberal and middle-class beliefs in private property and capitalism, as its chief ideological rival (and with which the heads of major cities such as Tel Aviv and Ramat Gan were affiliated). -
Imagined Citizenship
Adalah’s Newsletter, Volume 12, April 2005 Imagined Citizenship By Marwan Dalal1 In 1999, I had the opportunity to give a lecture before an American Jewish group in New York about the reality from where I came. Then, as today, reality did not flatter the State of Israel. At the end of the lecture, which was received attentively and yet with surprise, a member of the audience, a successful businessman in his late forties, approached me. He asked me about an issue which I had not raised in the lecture but that seemed relevant to him personally. He asked my opinion about the State of Israel’s non-recognition of the Reform Movement within Judaism. My answer revealed my wonder at the ease with which he conceded to a public official in a foreign country the right to determine his identity. The man seemed bemused and smiled at me politely. It was clear to me that the reasonableness of my answer was not convincing to this individual, who probably grew up listening to the sentiment expressed by the former United States Supreme Court Justice Louis Brandeis, who served on the Court between 1916 and 1939. Justice Brandeis stated that, “Practical experience and observing life convinced me that in order to be good Americans, we have to be better Jews. And in order to be better Jews, it is necessary to be Zionists.”2 It is highly doubtful whether the reality here - before, during and immediately after 1948 - was perceived from the United States, or if there has been any will to observe it. -
Inventing Judicial Review: Israel and America
INAUGUARL URI AND CAROLINE BAUER MEMORIAL LECTURE INVENTING JUDICIAL REVIEW: ISRAEL AND AMERICA Robert A. Burt* TABLE OF CONTENTS I. THE FIRST GENERATION: TOWARD AN INDEPENDENT JUDICIARY .............................................. 2017 A. The Impact of the 1967 War on Israeli Jurisprudence .................................................... 2027 1. Jurisdiction over the Occupied Territories ....... 2029 2. The Knesset Acts ............................... 2034 B. The Court's Initial Response ......................... 2036 1. Shalit v. Minister of the Interior ................. 2036 2. Bergman v. Minister of Finance .................. 2043 3. Bergman and Marbury .......................... 2047 4. Jurisdiction over the Territories and Marbury .... 2049 II. THE SECOND GENERATION: THE AMERICAN WAY ...... 2051 A. The Definitive Emergence of Judicial Review in A m erica ............................................ 2051 B. The Israeli Supreme Court Charts Its Path ........... 2066 1. Israel's Dred Scott ............................... 2067 2. Judicial Injunctions to Tolerate the Intolerant ... 2077 3. The Promise and Problems of Judicial Independence ................................... 2084 C. The Convergence of Israeli and American Doctrine ... 2091 * Southmayd Professor of Law, Yale University. This Article is an expanded version of the Inaugural Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Car- dozo School of Law of Yeshiva University on October 11, 1988. I am especially indebted to Justice Aharon Barak, Professor Kenneth Mann of the Tel Aviv University Faculty of Law, and Dean Stephen Goldstein of the Hebrew University of Jerusalem Faculty of Law. Although none of them is responsible for the substance of this Article, without their generous assistance it would not have been written. I am also particularly grateful to two Yale Law School students, Stephen Sowle who helped me with the American historical sources and Joel Prager who gave me access to material only available in Hebrew. -
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. -
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. -
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-Occupied Arab Territories
Inside Israel (Armistice Line [Green Line] of 1948–49) 1967-occupied Arab Territories Part III Article 2 A. Measures to eliminate racial discrimination 1. Measures preventing discrimination by all public authorities and institutions [See Article 4 for a discussion on the judicial, legislative and penal measures taken by the State to eliminate discrimination] Favoured Status for Jewish (“national”) Institutions Nonetheless, both Israel’s state and parastatal institutions exclusively proscribe Palestinians from enjoying the rights and Under the World Zionist Organization/Jewish Agency Status Law freedoms guaranteed to them by international law, and ratified by (1952), major Zionist organizations have special parastatal status. Israel. It is impossible for Palestinians to have fair appeals in Israeli They manage land, housing and services exclusively for the Jewish courts to uphold their rights. A dual system of law discriminates population. As no non-Jewish organizations enjoy similar status, this between Jewish Israelis and indigenous Palestinians based on a yields a vastly inferior quality of life for the indigenous Palestinian constructed status of “Jewish nationality.” This prejudicial Arab community. (More on these mechanisms of material application of law is apparent in all processes of the legal system, discrimination below under the specific rights affected). from the rights to information and fair trial to detention and prison treatment. State policies compound judicial failures by contracting The State party has taken no measures to address the charters or parastatal institutions (WZO, JNF, etc.) to annex and manage the the operations of these parastatal institutions, which form the most properties confiscated from indigenous Palestinians by developing fundamental and pervasive institutional discrimination in the country, and transferring them to possession by “Jewish nationals” in disadvantaging the entire class of indigenous Palestinian Arab perpetuity. -
PNINA LAHAV Curriculum Vitae
PNINA LAHAV Curriculum Vitae Home address: 32 Welland Road Brookline, Massachusetts 02445 Work address: Boston University School of Law 765 Commonwealth Avenue Boston, Massachusetts 02215 Telephone numbers (home): (617) 734-8012 (office): (617) 353-2820 (fax): (617) 353-3077 Education: M.A. (political science), 1983, Boston University J.S.D. 1973, Yale Law School LL.M. 1971, Yale Law School LL.B., magna cum laude, 1969, Faculty of Law, The Hebrew University, Jerusalem, Israel Prizes and other Academic Distinctions: Recipient, the AIS-Israel Institute Lifetime Achievement Award in Law for a lifetime of exceptional scholarship and academic achievement in the field of Israel Studies 2017. Recipient Michael Melton Award for Teaching Excellence, 2011 Religion Fellow, School of Theology, Boston University, 2010-2011. Fellow, Institute for Advanced Studies, Hebrew University of Jerusalem, Spring, 2008. Appointed Law Alumni Scholar, November, 2007. 1 Class of 1960 Scholar, 2001-2002, Boston University School of Law Recipient, Fellowship at Stanford Center for Advanced Study in Behavioral Sciences, 2000-2001 Recipient, The Lipsitt Faculty Research Fund, 1999-2000, Boston University School of Law Keck Lecture, Amherst Program in Law, Jurisprudence and Social Thought, delivered in February, 1999 Recipient, Seltner Award, Israel, 1998, for Judgment in Jerusalem Recipient, Gratz College Centennial Book Award, 1998, for Judgment in Jerusalem Judgment in Jerusalem offered as selection by the History Book Club President, Association for Israeli Studies, -
THE CASE of ISRAEL Ruth Gavison
LEGISLATURES AND THE QUEST FOR A CONSTITUTION: THE CASE OF ISRAEL Ruth Gavison* Israel is a county where constitutional debates Isra~l est un pays oA les dibats constitutionnels ne center not on the questions whether it should have tournent pas autour de questions h savoir si l pays a constitution and what should be in it but on devrait avoir une constitution ou ce qu'elie devrail whether it has one. This undesirableandanomalous contenir, mais plutdt si la pays en a une. Cette situation results from the fact that constitutional situation inddsirable et anormale dcoule du fait reality in Israel has been the result of a long process que la rialitdconstitutionnelle d'Israil est le risultat characterized in recent decades by legislative d'un long processus caractris, au cours des derni'res ambivalence and by a resolute constitution-making dcennies, par une ambivalence legislativeet par un drive by thejudiciary. dsir inergique de ridaction d'une constitution par le corpsjudicaire. In most constitutional regimes, legislatures as well as other constitutional powers operate under and within an agreed-upon constitution. Often, they are established by it and, to a large extent, gain their legitimacy and stability from it. The constitution is taken as a given. In rare cases it may itself be amended, but the idea is that the constitution sets the framework of activity of the other organs of government, including the legislature itself. This situation permits intense discussions of the roles of the various powers under the constitution, * Haim H. Cohn Professor of Human Rights, Faculty of Law, Hebrew University in Jerusalem. -
UCLA Electronic Theses and Dissertations
UCLA UCLA Electronic Theses and Dissertations Title History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas Permalink https://escholarship.org/uc/item/3vf2g7r0 Author Molchadsky, Nadav Gadi Publication Date 2015 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA Los Angeles History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy In History by Nadav Gadi Molchadsky 2015 © Copyright by Nadav Gadi Molchadsky 2015 ABSTRACT OF THE DISSERTATION History in the Public Courtroom: Commissions of Inquiry and Struggles over the History and Memory of Israeli Traumas by Nadav Gadi Molchadsky Doctor of Philosophy in History University of California, Los Angeles, 2015 Professor David N. Myers, Co-Chair Professor Arieh B. Saposnik, Co-Chair This study seeks to shed new light on the complex web of relations among history, historiography and contemporary life. It does so by focusing on Israeli commissions of inquiry that have taken rise in the wake of major national traumas such as failed battles in the 1948 War, the Yom Kippur War, and the assassination of the Zionist leader Chaim Arlosoroff. Each one of these landmark events in the history of Israel was investigated by a state or a military commission of inquiry, whose members and audience operate as authors of history and agents of memory. The study suggests that commissions of inquiry, which have been studied to date primarily as legal, administrative, and political bodies, in fact also operate as a public historian of a unique kind. -
Insists Jewish Education Must B'e Based on Aliyah Report on 0
I Jewish Historical R. I. Assn. 130 sessions st. providence, R.I. 02906 Support Read .By Jewish More Than Agencies 35,000 With Your People Membership THE ONLY ENG LI SH-J EW /SH W EE KLY IN R. I. AN D SOUTHEAST MASS . VOLUME LVII, NUMBER 51 20¢ PER COPY Sapir At World Jewish Congress M·ethodist Clergyman Urges US Insists Jewish Education To Leave The United Notions PHILADELPHIA: A widely kill Israel, they have in fact killed Must B'e Based On Aliyah known Methodist clergyman and the United Nations." JERUSALEM: Unless Jewish devote a set period of service for teacher, who has served on Dr. Littell then asks, "Why 'youth throughout the world are the Jewish people. "Is , it nol numerous co.mmittees of the should the United Nations, which given "a Jewish-Zionist education" conceivable that Jewish young National Council 'of Churches and so shamelessly betrays the terms of w i t h e m p h a s i s o n • • t h e people from California might serve the World Council of Churches, its own charter, which so grossly revolutionary act of aliya" diaspora six months leading a youth group has urged that the United Statef imitates a lynch mob rather than a Jewry is doomed to "self- in Maalot or teaching arithmetic in lea~e the United Nations. rational and responsible assembly." liquidation" through assimilation, a Jewish school in Bagota?" he Dr. Franklin H. Littel, professor Hee notes that the governments, Pinhas Sapir, chairman of the declared. of. religion at Temple University, _which set up the assult on Israel, Jewish Agency and World Zionist Mordechai Bar-On, director of who admits he had strongly .