Fathom Journal Issue 21
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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. -
Israeli Election Bulletin | January 15
Israeli Election Bulletin | January 15 On 23 December 2020 the Knesset was automatically dissolved after the national unity government failed to pass a 2020 state budget. The election will be held on 23 March 2021. For more background on the collapse of the coalition, watch BICOM Director Richard Pater and read this BICOM Morning Brief. BICOM's Poll of Polls Aggregate Polling January 5-15 Many parties such as Momentum, Labour, Veterans, New Economy and Telem are polling under the electoral threshold Two others, Blue and White and Religious Zionism, are polling very close to the threshold (4 seats). If either of them were to fall under it, it would signicantly aect the ability of Netanyahu or his opponents to form a coalition 1/11 Splits, Mergers and Acquisitions We are now in the rst stage of the election process. Over the coming three weeks, politicians will start jockeying for their places ahead of the formation of the party lists that need to be submitted by 4 February. Party size and where they stand on major political issues Political Cartoons Maariv 23.12.20 Santa delvers ballot boxes and 21.12.20 Yediot Ahronot The new mutation. A two headed Gideon Saar and Naftali Bennett chase Gantz and Netanyahu Israel Hayom 24.12.20 “The clothes have no emperor,” the briefcase says Blue and White, looking on former number 2 and 3 in the party. Justice Minister Avi Nissenkorn who quit shortly after the government fell to join the Ron Huldai’s the Israelis Party and Foreign Minister Gabi Ashkenazi who will see out his role but not stand in the coming election. -
The Twentieth Knesset
Unofficial Translation Internal Number: 578022 The Twentieth Knesset Initiators: Knesset Members David Bitan Uri Maklev Yoav Ben-Tzur Bezalel Smotrich Yoav Kish Eli Cohen Sharren Haskel Robert Ilatov Yair Lapid Nava Boker Nissan Slomiansky Avi Dichter Yaakov Peri Meir Cohen Makhlouf “Miki” Zohar Anat Berko Nurit Koren Mickey Levy Aliza Lavie ______________________________________________________ P/20/2808 Bill for the Entry into Israel Law (Amendment – Cancellation of Visa and Permanent Residence Permits of Terrorists and their Families after their Participation in Terrorist Activities) – 2016 [5776] Amendment of Article 11 1. In Article 11 of the Entry into Israel Law of 19521 [5712], the following should be stipulated after sub-section (b): 1 Statutes Book of the [Hebrew] year 5712 [extends from 1 October 1951 until 19 September 1952], Page 146. Unofficial Translation “(c) Without undermining what was mentioned in sub-section (a), the Minister of the Interior is entitled to cancel the visa and permanent residence permit of any person who commits a terrorist act (as defined by this law) against the State of Israel and its citizens; provided that he would not cancel any visa or permanent residence permit before giving the person the chance to plead and state his/her claims before him. (d) Without undermining what was mentioned in sub-section (a), the Minister of the Interior is entitled to cancel the visa or permanent residence permit of the relative of a person who performs a terrorist act or contributes to it (whether through an act or by knowledge) before, during or after the undertaking of that act; provided that the Minister would not cancel any visa or permanent residence permit before giving the terrorist’s relative the chance to plead and state his/her claims before him. -
Israel and the Middle East News Update
Israel and the Middle East News Update Tuesday, May 21 Headlines: • PM Dismisses General’s Claims that Annexation Would Endanger Israel • Palestinian Authority to Boycott US-Bahrain Event • U.S.: History Will Judge PA Harshly for Passing Up Opportunity • Israel, Hamas Said to Agree to Six-Month Ceasefire in Gaza • Top Attorneys Launch Campaign to ‘Save the High Court’ • Netanyahu’s Lawyers Ask AG to Put Off Hearing for at Least One Year • Israel’s Economy Booms at Fastest Pace Since 2016 Commentary: • Times of Israel: “How Settler Leaders Worked to Reelect Netanyahu and What They Want in Return” − By Jacob Magid • Ha’aretz: “Trump’s Planning a Wedding in Bahrain. But He Forgot to Invite the Groom” − By Noa Landau S. Daniel Abraham Center for Middle East Peace 633 Pennsylvania Ave. NW, 5th Floor, Washington, DC 20004 The Hon. Robert Wexler, President ● Yoni Komorov, Editor ● Yehuda Greenfield-Gilat, Associate Editor News Excerpts May 21, 2019 Times of Israel PM Dismisses Claims that Annexation Would Endanger Israel Prime Minister Benjamin Netanyahu responded to former security senior security officials who reportedly warned yesterday against annexing parts of the West Bank. Dismissing the claims that such a move — pledged by the premier days before last month’s elections — would “endanger the citizens of Israel,” Netanyahu says that “regions in Judea and Samaria are not just a guarantee of Israel’s security — they are also our patrimony.” “The same ‘experts’ supported the Iran nuclear deal and warned that ‘Bibi is taking a wrong turn and ruining the alliance with America,'” he adds in a tweet. -
JPS189 15 Chronology 1..41
Chronology 16 MAY–15 AUGUST 2018 COMPILED BY PAUL KAROLYI This is part 139 of a chronology begun in JPS 13, no. 3 (Spring 1984). Chronology dates reflect North American Eastern Standard Time. For a more comprehensive overview of regional and international developments related to Israel and the Palestinians, see the quarterly Update on Conflict and Diplomacy in JPS 48 (1). 16 MAY 2018 approximately 400 grapevines in a Palestinian Along Gaza’sborderfence, unidentified vineyard near Hebron. In East Jerusalem, Palestinians open fire on Israel Defense Israeli forces arrest 4 Palestinians during a Forces (IDF) patrols near Jabaliya refugee raid in Silwan. (WAFA 5/16; HA, JP, TOI, camp causing no injuries. Israeli tanks then YA 5/17; PCHR 5/17; PCHR 5/24) shell several Hamas posts near the border Guatemalan president Jimmy Morales and fence, causing damage. Later, Palestinians fire Israeli PM Benjamin Netanyahu attend the machinegunsacrosstheborderintoIsrael, inauguration of the new Guatemalan embassy this time causing minor damage to an Israeli in Jerusalem. “My next trip through Latin home near Sderot. The IDF then bombs America goes through Guatemala,” Netanyahu Hamas sites in northern Gaza, including an says. (HA, JP, TOI, YA 5/16) alleged weapons production facility, causing The Egyptian authorities keep the Rafah an unclear amount of damage (see Update). border crossing open for the fourth consecutive Separately, IDF troops violently disperse day, despite their initial plans to keep it closed Palestinians gathering along the border fence today (see Update). (AP 5/18) to protest and throw stones near al-Bureij refugee camp, Gaza City, and Khan Yunis; 4 Palestinians are injured. -
La 20 E Knesset Registre De Lois Racistes Soutenant L'occupation Et
احملتوايت الفصل اﻷول ................................................................................. 3 موجة غري مسبوقة من التشريعات العنصرية والداعمة لﻻحتﻻل واﻻستيطان ...................... 3 الفصل الثاين ................................................................................. 6 I ـ قوانني عنصرية ومتييزية .................................................................... 6 II ـ قوانني لتقييد عمل السياسيني العرب ...................................................... 10 III ـ قوانني لتجرمي مقاومة اﻻحتﻻل ........................................................... 12 IV ـ قوانني هتدف إىل تعزيز اﻻحتﻻل واﻻستيطان .............................................. 19 الفصل الثالث ................................................................................ 22 أداء املعارضة ................................................................................. 22 ملحق )1(: 25 قائمة كاملة للقوانني العنصرية والداعمة لﻻستيطان واﻻحتﻻل اليت متت معاجلتها خﻻل الدورة العشرين للكنيست. ملحق )2( مقارنة مع الوﻻايت الربملانية اﻷخرية ................................................. 42 2 الفصل اﻷول موجة غري مسبوقة من التشريعات العنصرية والداعمة لﻻحتﻻل واﻻستيطان شهدت الدورة العشرون للكنيست اﻹسرائيلي واليت امتدت ما بني 7 أاير 2015 وحىت 1 كانون الثاين 2019 موجة غري مسبوقة من التشريعات العنصرية والداعمة لﻻحتﻻل واﻻستيطان. فقد عاجل الكنيست العشرون 221 قانون ا ضمن هذا اﻹطار، من بينها 35 قانون ا أقرت ابلقراءة النهائية، إضافة إىل 6 قوانني استدجمت يف هذه القوانني، ما يعين عمليا ا أنه مت سن 41 قانون ا. كما بقي على جدول أعمال الكنيست قانونن يف مرحلة القراءة اﻷوىل، -
PPI Election Travelogue: Formulating an Effective Progressive Message
PPI Election Travelogue: Formulating an Effective Progressive Message I’ll be traveling to Israel for the election season, and keeping a travelogue of my experiences, including attendance at political events, interviews with politicians and activists, and a general assessment of the situation on the ground. Please feel free to email me at [email protected] with any questions or suggestions for topics you’d like to see covered. In addition, please follow our Facebook page and Twitter account, @Partners4Israel for daily update It seemed only appropriate that my flight to Israel tied in nicely to my work with PPI, complete with the presence of the somewhat famous Dan Meridor. Meridor, as many of you may remember, is known for being a Likud ‘prince’, and was effectively banished from the party in the last primary cycle for not being hawkish enough. Merdior, along with Benny Begin, (current president) Reuven Rivlin, and Michael Eitan were the last vestiges of a sane Likud, before extremist candidates bumped them out of the running. Unfortunately, I didn’t get a chance to converse with Mr. Meridor-a conversation that would have been especially interesting given his outspoken criticism of the right in general and the Prime Minister in particular. So while I missed out on the opportunity to pick a former Likud politician’s brain about the elections, my seatmate provided me with stimulating conversation, and posed a question to me that I believe all readers of this blog should consider. After mentioning to her that I would be in Israel covering the elections (and her assuming that I was there to support Bibi’s campaign efforts), she confided in me that she was planning on voting for the Buji-Livni joint ticket. -
GPO 3Rd Jewish Media Summit Israel and the Jewish World- Relationship: It's Complicated November 25 – 28, 2018
GPO 3rd Jewish Media Summit Israel and the Jewish world- relationship: it's complicated November 25 – 28, 2018 Sunday, November 25: . Arrival at the hotel during the day Check-in and summit registration at the hotel . The Mystique of the Shuk - Receive a Machaneh Yehuda Market Shuk Bites card upon registration enabling you to experience the market like a local, tasting delicacies at the best stands in the market. In parallel, enjoy a fascinating audio tour on your phone, to hear stories and the legends about the market. 18:30 Depart the hotel Gala Opening event at the Zedekiah's Cave in Jerusalem . 19:00 Special cocktail dinner at Zedekiah's Cave at Damascus Gate . 20:00 Welcome greetings from Nitzan Chen Director, Israel government press office. 20:10 Video greetings by Prime Minister Benjamin Netanyahu . 20:20 Greetings by MK Ambassador Michael Oren, Deputy Minister in the Prime Minister's Office . 21:00 Welcoming performance by American Stand-Up Artist Avi Liberman . 21:30 Musical performance by Voca People . 22:30 Dessert . 23:00 Transfer back to the hotel Overnight: Jerusalem hotel 1 Monday, November 26: . 06:30-08:15 Breakfast at hotel . 08:15 Depart the hotel for Mishkenot Sha'ananim Conference Center. 08:30 Special group photo in memory of Pittsburg’s Tree of Life Synagogue victims. 09:30 Greetings by Hagay Elitzur, Senior Director for Diaspora Affairs, Israeli Ministry of Public Diplomacy and Diaspora Affairs . 09:45 Opening Debate: Modern Faces of Anti-Semitism: When is it legitimate to criticize Israel and when is it purely anti-Semitism? Anti-Semitism on the right and on the left: How does social media contribute to the fight against anti-Semitism? Does the state of Israel do enough to fight anti-Semitism in the Diaspora? Moderator: Haviv Gur, editor "Times of Israel" Lior Weintraub, VP & Director of Israel Office, "The Israel Project" (NGO) Dr. -
June 13, 2004
UNRWA READER UNRWA as Obstacle to Peace Ending UNRWA and Advancing Peace Israel Not Invited to U.N. Conference on Refugees – June 13, 2004 The Mystery of the Palestinian ‘Refugee’ Monument – July 3, 2012 Ten Talking Points: How to Respond to UNRWA Attacks on Its Critics – March 12, 2013 With Encouragement From a Vatican Official, Israeli Government Finally Denounces a Palestinian School System That Was Introduced More Than 13 Years Ago – January 8, 2014 The U.N.’s Child Death Cult Education – April 6, 2014 UNRWA Spokesman Challenges Our Credibility: We Respond by Challenging the Credibility of UNRWA – April 7, 2014 Refugees from 1948 War are Now Our Responsibility – May 8, 2014 UNRWA Impediment to Peace – May 2014 Pope Set to Tour “Martyr’s Gallery” in UNRWA-Sponsored Club – May 25, 2014 Opinion: How the UNRWA is Blocking Peace and a “Marshall Plan for Gaza” – July 31, 2014 Summer Anti-Semitic Demonstrations – September 3, 2014 A Dispassionate Look at UNRWA – September 24, 2014 Rising Above Personal Attacks, the Time Has Come to Examine UNRWA Policy – December 10, 2014 Letter to Parliament – December 11, 2014 One for the Book of World Records: The Myth of an UNRWA Policy of Peace That Does Not Exist – December 27, 2014 From Teheran to UNRWA: The New US-UNRWA Accord – July 23, 2015 More UNRWA Teachers Promoting Violence on Facebook – September 2015 UNRWA READER (cont’d) Letter to U.S. Ambassador to Israel – January 26, 2016 Links to Hamas – August 16, 2016 U.S. Aid Admits: We Don’t Interfere with Palestinian Terror Curriculum for Kids – August 17, 2016 Is the U.S. -
The Case for Nationalism December 8, 2014 – December 12, 2014
THE TIKVAH FUND 165 E. 56th Street New York, New York 10022 The Case for Nationalism December 8, 2014 – December 12, 2014 Participant Biographies Aviad Bakshi Israel Dr. Aviad Bakshi is the head of the legal department of the Kohelet Policy Forum. Dr. Bakshi, a former Hesder Yeshiva teacher, completed his first and second law degrees with honors at Bar-Ilan University. He was admitted to the Israeli bar after his internship in the High Court Department of the State Attorney’s Office. Dr. Bakshi wrote his doctoral thesis as part of the president's scholarship for excelling Ph.D. students on “proper constitutional significance of Israel as a Jewish state,” which won the Begin Award in 2012. During his doctorate, Mr. Bakshi was a research fellow at the Schwartz Institute of Political Philosophy Studies at Beit Morasha. Since 2004, he has been involved in legislative and constitutional initiatives as an independent scholar, a member of the Institute for Zionist Strategies constitution team, the legal editor of MK Michael Eitan and Professor Moshe Koppel’s proposed constitution, head of the Weiler Foundation’s legislative project at Bar-Ilan University, and director of a of the Berliner Institute—a clinic for legislative initiatives at the Ono Academic College. The research conducted by Dr. Bakshi in public law focuses on issues relating to the identity of Israel as a democratic nation-state and issues related to separation of powers. Dr. Bakshi serves as a legal adviser of the Department of International Law of the Military Advocate General in his reserve duty. Alongside his work at Kohelet, Dr. -
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. -
Jerusalem Chronology 2018
Jerusalem Chronology 2018 January Jan. 1: The Likud Central Committee passes a resolution urging MKs to advance the Greater Jerusalem Bill aimed to annex the large West Bank settlements around Jerusalem (Ma’ale Adumim, Givat Zeev and the settlements in the Etzion bloc) to the, which was put on hold on 30 October 2017. Jan. 2: The Knesset passes an amendment to the ‘Basic Law: Jerusalem, Capital of Israel’ which - among many harmful effects - will make it easier for the Knesset to pass legislation to change Jerusalem’s municipal borders to de facto annex settlements, and/or cut out Palestinian neighborhoods. - A bill, an amendment to the Basic Law on Jerusalem that requires a special two-thirds majority vote (i.e., 80 out of 120 MKs) to relinquish any part of Jerusalem to the Palestinians under a future peace accord passes its second and third readings by a vote of 64:51 and one abstention. - Israeli forces demolished a home owned by Imad Ayad in Beit Hanina town for being built without license. - Haaretz reports that the Jewish National Fund is working together with the right-wing Elad group to evict the Sumreen family from their Silwan home. Jan. 3: In violation of a longstanding agreement between Jordan and Israel, which prevents non-Muslim religious rituals at the Al-Aqsa Mosque compound, a group of Israelis performs a marriage ritual inside the compound. - A bill granting the Minister of Interior full discretion to revoke the permanent residency status of Palestinian residents living in East Jerusalem, or of residents living on the Golan Heights, if, “according to his opinion,” the resident is suspected of a breach of trust against the state of Israel (i.e., of being involved in terrorist activity) passes its preliminary reading in the Knesset.