Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel
Download Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel full books in PDF, epub, and Kindle. Read online free Israel As A Constitutional Democracy The Constitutional Revolution And The High Court Of Justice In The Political System Of Israel ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Johannes Müller |
Publisher | : GRIN Verlag |
Total Pages | : 69 |
Release | : 2007-07 |
Genre | : Political Science |
ISBN | : 3638680177 |
Master's Thesis from the year 2004 in the subject Politics - International Politics - Region: Near East, Near Orient, grade: 1,0, University of London (School of Oriental and African Studies), course: Political Systems of the Modern Middle East (SOAS), 127 entries in the bibliography, language: English, abstract: This dissertation discusses the role of the Israeli High Court of Justice within the political system of Israel after the enactment of two Basic Laws in 1992. The main thesis is that the power of the court has been much overestimated. In particular, the large assumptions connected to the 'constitutional revolution' that many saw in the enactment of the 1992 laws must be refuted. This paper argues that the alleged 'revolution' was a myth, and that fundamentally nothing much has changed. The political system largely remained untouched by the 1992 laws. This dissertation defines the role of the court as a mediator between particularistic and universal values rather than promoting universal human rights, or protecting minority rights. In fact, the role of the High Court must be regarded as stabilizing an essentially undemocratic system by legitimising government policies and by supporting a discourse that maintains the democratic fa ade of the system. The enactment of a constitution has not been promoted by Chief Justice Barak's activism, and indeed has made the enactment of a constitution much less likely.
Author | : Assaf Meydani |
Publisher | : Cambridge University Press |
Total Pages | : 223 |
Release | : 2011-07-25 |
Genre | : Law |
ISBN | : 1139501674 |
This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The Court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.
Author | : Daniel Friedmann |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0190278501 |
The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.
Author | : Itzhak Galnoor |
Publisher | : Cambridge University Press |
Total Pages | : 1447 |
Release | : 2018-07-26 |
Genre | : Political Science |
ISBN | : 1108547052 |
There is growing interest in Israel's political system from all parts of the world. This Handbook provides a unique comprehensive presentation of political life in Israel from the formative pre-state period to the present. The themes covered include: political heritage and the unresolved issues that have been left to fester; the institutional framework (the Knesset, government, judiciary, presidency, the state comptroller and commissions of inquiry); citizens' political participation (elections, political parties, civil society and the media); the four issues that have bedevilled Israeli democracy since its establishment (security, state and religion, the status of Israel's Arab citizens and economic inequities with concomitant social gaps); and the contours of the political culture and its impact on Israel's democracy. The authors skilfully integrate detailed basic data with an analysis of structures and processes, making the Handbook accessible to both experts and those with a general interest in Israel.
Author | : Gary Jeffrey Jacobsohn |
Publisher | : Yale University Press |
Total Pages | : 382 |
Release | : 2020-05-01 |
Genre | : Political Science |
ISBN | : 0300252889 |
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
Author | : Gideon Sapir |
Publisher | : Bloomsbury Publishing |
Total Pages | : 578 |
Release | : 2013-10-31 |
Genre | : Law |
ISBN | : 1782251847 |
In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.
Author | : Gideon Doron |
Publisher | : Routledge |
Total Pages | : 178 |
Release | : 2013-10-31 |
Genre | : Political Science |
ISBN | : 131796568X |
While most current studies on law and politics in Israel focus on the legal aspects of public policymaking within the courts, this book explores the relationship between law and government from a positive perspective. That is to say that the question asked is: how the political relationships between the three branches of government affect public policy and hence social outcomes. The eleven contributors to this volume concentrate on Israel from theoretical, comparative and critical approaches, and hence the analysis presented could as well be applied to other polities. This book was published as a special issue of Israel Affairs.
Author | : Menachem Mautner |
Publisher | : Oxford University Press |
Total Pages | : 278 |
Release | : 2011-01-27 |
Genre | : History |
ISBN | : 0199600562 |
For half a century a fierce struggle to shape Israeli culture has been waged in its legal system. Should Israel be a secular, liberal state, or governed by traditional Jewish law and culture? In this book Menachem Mautner tells the fascinating story of the political struggles to control Israeli law, and through it the culture of Israel itself.
Author | : Mark A. Graber |
Publisher | : Oxford University Press |
Total Pages | : 737 |
Release | : 2018-08-23 |
Genre | : Law |
ISBN | : 0190888997 |
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Author | : Amichai Cohen |
Publisher | : Routledge |
Total Pages | : 298 |
Release | : 2012 |
Genre | : History |
ISBN | : 0415549140 |
This book analyses both the substance of Israel's National security law and the dynamics of its historical development. It examines the normative principles upon which Israel's national security law is based, institutional arrangements for the formulation and protection of national security law, and the style in which Israeli national security law is formulated.