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Decisions Made in Real Time

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The first chapter is an introduction to the concept of advisory dialogue. It also introduces the principal argument of this book that based on the Israeli experience, courts can better deal with such ... More


Judicial Review “under fire”

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0014
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses how the Israeli Supreme Court’s discursive approach to judicial review highly influences the manner in which judicial proceeding are conducted. It shows that unlike the ... More


Judicial Review through Dialogue in Israel

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0013
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter begins the analytical and normative part of the book. It describes based on the findings in previous chapters how inter-branch dialogue in national security cases works. The chapter ... More


To Judge But Not to Rule

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/9780190278502.003.0002
Subject:
Law, Comparative Law, Legal History

This chapter describes the history, functions, and notable rulings issued by the Supreme Court of Israel. The Supreme Court, in addition to being the highest appellate court for civil and criminal ... More


Benefits of the Use of Advisory Dialogue

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0015
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter discusses the benefits of relying on advisory dialogue. The chapter provides several strong arguments in favor of using advisory dialogue in national security cases. They ... More


The Use of Advisory Dialogue—Disadvantages and Risks

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0016
Subject:
Law, Public International Law, Human Rights and Immigration

In quite an opposite manner to the previous chapter this chapter focuses on the disadvantages and risks that advisory dialogue could lead to. Among the risks mentioned in this chapter are the risks ... More


Women of the Wall in Focus: Examining the Various Aspects of the WoW Struggle

Yuval Jobani and Nahshon Perez

in Women of the Wall: Navigating Religion in Sacred Sites

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190280444
eISBN:
9780190280468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190280444.003.0002
Subject:
Religion, Judaism

This chapter explores the Women of the Wall (WoW) struggle from various perspectives in order to provide a clear picture of this complex conflict. It opens with an in-depth Halakhic analysis of the ... More


Judicial Review of National Security

David Scharia

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

In recent years, countries around the world introduced numerous national security programs and military campaigns. Yet, very few of these measures, despite the complex legal questions they raise, ... More


Dialogue with the Attorney General’s Office

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the dialogue that takes place between the Israeli Supreme Court and the Attorney General’s Office, particularly the use the Court makes of dialogue with attorneys who appear ... More


Protecting Human Rights

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/9780190278502.003.0016
Subject:
Law, Comparative Law, Legal History

This chapter discusses several human rights cases in which the Supreme Court had played a central role. These cases often involve issues of religion and the state, which raises questions regarding ... More


Deviating from the Rules of the Game

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is the third chapter dealing with messages conveyed during the hearing of the case. It shows how the Israeli Supreme Court by deviating from its normal practice conveys messages to the ... 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


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

Daniel Friedmann

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.001.0001
Subject:
Law, Comparative Law, Legal History

The Purse and the Sword presents a critical analysis of the Israeli legal system in the context of Israeli politics, history, and the forces that shape Israeli society. The book examines the ... More


Dialogue with Military Authorities

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter and the following three chapters differ somewhat from the preceding ones. Although they still deal with messages conveyed in Israeli Supreme Court judgments, instead of focusing on the ... 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 Attorney General Reigns Supreme

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/9780190278502.003.0026
Subject:
Law, Comparative Law, Legal History

This chapter argues that the Supreme Court has elevated the position of the attorney general from the government’s counsel to its commander in chief by holding that his opinions are binding on the ... More


Dialogue on Policy Application—I

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

Chapters 7 and 8 focus on how the Israeli Supreme Court communicates with other branches of government to influence how laws are applied. The discussion centers on strategies of influence applied ... More


Dialogue with Petitioners and Human Rights Organizations

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0011
Subject:
Law, Public International Law, Human Rights and Immigration

The Israeli Supreme Court conducts a dialogue via its judgments on national securityas well with petitioners and the human rights organizations (NGOs) representing them. This chapter is dedicated to ... More


Changes in 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/9780190278502.003.0033
Subject:
Law, Comparative Law, Legal History

This chapter looks at the changes in the appointments of justices to the Supreme Court and the lower courts. As the number of vacancies on the bench grew and public approval of Aharon Barak’s court ... More


‘Pigs in Space’: Geographic Separatism in Multicultural Societies

Issachar Rosen-Zvi

in Law and Sociology

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199282548
eISBN:
9780191700200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282548.003.0013
Subject:
Law, Philosophy of Law

This chapter addresses the normative and spatial dimensions of sovereignty in a society characterized by cultural diversity, social fragmentation, and ideological conflict. The thesis of this chapter ... More


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