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Democracy, Law, and National Security in Israel

Democracy, Law, and National Security in Israel
Author: Menaḥem Hofnung
Publisher: Dartmouth Publishing Company
Total Pages: 352
Release: 1996
Genre: Law
ISBN:

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This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.


Law and Government in Israel

Law and Government in Israel
Author: Gideon Doron
Publisher: Routledge
Total Pages: 157
Release: 2013-10-31
Genre: Political Science
ISBN: 1317965698

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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.


Lawyering for the Rule of Law

Lawyering for the Rule of Law
Author: Yoav Dotan
Publisher: Cambridge University Press
Total Pages: 227
Release: 2014
Genre: Law
ISBN: 1107038995

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A study of the relationship between judicial activism and government lawyers.


Courting Conflict

Courting Conflict
Author: Lisa Hajjar
Publisher: Univ of California Press
Total Pages: 337
Release: 2005-01-31
Genre: History
ISBN: 0520937988

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Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.


Justice for Some

Justice for Some
Author: Noura Erakat
Publisher: Stanford University Press
Total Pages: 405
Release: 2019-04-23
Genre: History
ISBN: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents


Occupier's Law

Occupier's Law
Author: Raja Shehadeh
Publisher:
Total Pages: 212
Release: 1985-01-01
Genre: Israel-Arab War, 1967
ISBN: 9780887281501

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Between the Rule of Law and States of Emergency

Between the Rule of Law and States of Emergency
Author: Yoav Mehozay
Publisher: SUNY Press
Total Pages: 222
Release: 2016-10-20
Genre: Law
ISBN: 1438463391

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Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other’s shortcomings. Through a careful dissection of Israel’s emergency apparatus, Mehozay illustrates that the reach of Israel’s emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel’s governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the “war on terror” and consider the role of emergency with regard to realms such as political economy.


Palestinian Lawyers and Israeli Rule

Palestinian Lawyers and Israeli Rule
Author: George Emile Bisharat
Publisher: University of Texas Press
Total Pages: 264
Release: 2014-01-27
Genre: History
ISBN: 0292761376

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As frequent intermediaries between Israeli military authorities and Palestinian citizens, Palestinian lawyers stand close to the fault line dividing Israeli and Palestinian societies. The conflicts and tensions they experience in their profession mirror the larger conflicts between the two societies. Thus, as George Bisharat reveals in Palestinian Lawyers and Israeli Rule, a careful study of the work and lives of Palestinian lawyers ultimately helps to illuminate the causes of the intifada, or uprising, that began in December 1987. The study revolves around the central question of why the Palestinian legal profession declined during twenty years of Israeli occupation when, in other Third World countries, the legal profession has often reached its peak during a period of Western colonization. Bisharat answers this question with a wide-ranging inquiry into the historical origins of the legal profession and court system in Palestine, the tenuous grounding of these institutions in Palestinian society and culture, and the structure, style, and policies of the late-twentieth-century Israeli military government in the West Bank. For general readers interested in the Palestinian-Israeli conflict, as well as specialists in such fields as legal anthropology, sociology of the professions, Third World law and development, and Middle Eastern studies, Palestinian Lawyers and Israeli Rule will be required reading.