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Conclusion and a Comparison

Kent Greenawalt

in Legal Interpretation: Perspectives from Other Disciplines and Private Texts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199756131
eISBN:
9780199855292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756131.003.0011
Subject:
Law, Philosophy of Law

The previous chapters looked at the basic components of legal interpretation. These explored how other disciplines might bear on legal texts; what constitutes desirable performance and the meaning of ... More


THE CULTURAL STRUGGLES OVER THE SHAPING OF THE LAW

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0003
Subject:
Law, Philosophy of Law

This chapter discusses a series of struggles that took place in the course of the 20th century over the cultural character of Israeli law. In the first half of the century, a ‘Movement for the ... More


Appointments to the Supreme Court

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0023
Subject:
Law, Comparative Law, Legal History

This chapter discusses the appointments of twelve justices during Aharon Barak’s eleven-year tenure as chief justice. Eleven of these candidates were proposed by the court itself. Only one candidate, ... More


Trespassing on the Executive

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0017
Subject:
Law, Comparative Law, Legal History

This chapter discusses how the tripartite rules adopted by the court had the effect of making every decision by the executive branch provisional in nature, as it was subject to review by the court. ... More


The Legal System Topples Rabin

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0004
Subject:
Law, Comparative Law, Legal History

This chapter describes how the public’s support for conducting investigations of political officers would eventually topple Yitzhak Rabin from office. Rabin had formed his first government following ... More


The Legal Revolution Takes Off

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0006
Subject:
Law, Comparative Law, Legal History

This chapter examines the legal revolution, the dramatic upheaval in which the legal establishment would come to overshadow the other branches of government in Israel. It begins with the transitional ... More


Jurisprudential Foundations

Eric K. Yamamoto

in In the Shadow of Korematsu: Democratic Liberties and National Security

Published in print:
2018
Published Online:
April 2018
ISBN:
9780190878955
eISBN:
9780190878986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190878955.003.0006
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter examines how the dissonant treatment of Korematsu plays out in still intensely competing jurisprudential views of the court’s role in high profile security and liberty disputes. It ... More


Menachem Begin: Temporary Justice Minister

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0005
Subject:
Law, Comparative Law, Legal History

This chapter recounts the highlights and shortcomings of Menachem Begin’s term as temporary justice minister, and later, as prime minister. During his short term as minister of justice, Begin was ... More


The Decline in the Supreme Court’s Standing

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0031
Subject:
Law, Comparative Law, Legal History

This chapter illustrates the decline of the Supreme Court’s standing in the public eye, particularly during Aharon Barak’s tenure. It recounts several prominent criticisms levied against Barak’s ... More


The Supreme Court Writes a Constitution

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0022
Subject:
Law, Comparative Law, Legal History

This chapter addresses the Supreme Court’s invention of an Israeli constitution through the use of its powers of legal interpretation. Israel, as a matter of fact, has no official document enacted by ... More


THE DECLINE OF FORMALISM AND THE RISE OF VALUES

Menachem Mautner

in Law and the Culture of Israel

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199600564
eISBN:
9780191729188
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600564.003.0005
Subject:
Law, Philosophy of Law

This chapter discusses two significant changes discernible in the jurisprudence of Israel's Supreme Court in the 1980s and 1990s. First, the canonical reasoning in the Court's opinions from the ... More


The Role of the Courts & the Popular Jurisprudence of Counterterrorism

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0004
Subject:
Law, Public International Law, Comparative Law

Politicians, moral philosophers and lawyers have all addressed the question of what role the courts should play in the global war on terror. Opinions range from no role at all (John Yoo, Richard and ... More


The Supreme Court and the Fight against Terror

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0020
Subject:
Law, Comparative Law, Legal History

This chapter looks at the ways in which the Supreme Court has intervened in the fight against terrorism, dealing with such topics as targeted killings, the demolition of terrorists’ houses and ... More


Why Rights Matter: The Interdependence of Rights and Values

Alon Harel

in Why Law Matters

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199643271
eISBN:
9780191747809
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643271.003.0002
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The underlying assumption of lawyers and political theorists is that rights are designed to promote and facilitate the realization of values such as autonomy or dignity. This chapter challenges the ... More


The Attorney General and His Powers

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0003
Subject:
Law, Comparative Law, Legal History

This chapter discusses the duties and functions of the attorney general in Israel, as well as the tenures of some notable personalities appointed to the post. The country’s first minister of justice, ... More


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