Israel Among the Nations: International and Comparative Law Perspectives on Israel's 50th AnniversaryAlfred E. Kellermann, Kurt Siehr, Talia Einhorn Martinus Nijhoff Publishers, 16.12.1998 г. - 392 страници This book, written on the occasion of Israel's 50th Anniversary, underlines the tension between Israel, the unique Jewish State among nations, and Israel, a nation like many others. On the one hand, it analyzes her special features: the founding of the State, Israel's contributions to the development of the Law of Nations, and her complex relations with the United Nations. On the other hand, it cautions against originality where harmony is required. Citizens can only enjoy their rights and freedoms if constitutionalism and constitutional values are given a firm legal basis. Legislation and jurisprudence must provide them with the certainty and the security needed to acquire rights, conduct their affairs and engage in transactions both domestic and foreign. The experience gained in the European Community and other European States on their road to harmonization could provide helpful guidance. |
Съдържание
Table of Contents | 1 |
4 | 5 |
8 | 16 |
2 | 28 |
A Comparative Analysis of the Public | 35 |
Parliamentary Proceedings | 39 |
Scope of Review Private Acts | 40 |
Standing | 41 |
2 | 183 |
4 | 193 |
7 | 199 |
Jewish Law and Israels National Legal and Cultural Identity | 203 |
The Synthesis of Freedom of Speech and the Press | 212 |
Constitutionalism and Its Values | 227 |
v Limited Government Separation of Powers Checks and Balances | 234 |
The Quality of Legislation in Europe and in Israel | 241 |
Reasonableness | 42 |
Proportionality | 44 |
Procedural Fairness | 45 |
The Legislature | 46 |
The Future | 47 |
Reasons for Difference | 49 |
The Ombudsman as Defender of Democracy and Human Rights | 53 |
Absence of a Constitution | 54 |
The State Comptroller Law and the Ombudsman | 55 |
Judicial Review | 56 |
The Ombudsman as an Alternative to Judicial Review | 57 |
Compelling Implementation of Decisions of the Ombudsman | 59 |
A Submission of a Complaint as a Condition for Starting an Investigation | 60 |
Binding Orders | 61 |
The Bodies Against Whom a Complaint to the Ombudsman may be Submitted | 63 |
Subjects of the Complaints as set forth in the Law | 64 |
An Act Involving Flagrant Injustice | 65 |
The Relationship Between State Auditing and the Ombudsman | 66 |
The Ombudsman as Protector of Democracy 6997 | 67 |
A Retrospective Overview | 69 |
Religious Freedom and Religious Coercion in the State of Israel | 79 |
Religious Coercion Defined | 85 |
Religious Coercion Motivation and Processes | 89 |
Religious Coercion in Action | 93 |
Mitigatory Measures | 106 |
The Dilemma of Democracies | 111 |
CounterTerrorism as a Human Rights Foreign Policy | 117 |
The Jew among Nations | 129 |
Conclusion | 136 |
The Armistice Agreements | 143 |
Belligerent Occupation | 150 |
The Influence of Israels Political Economy | 156 |
The Role of Domestic Regulation | 166 |
5 | 170 |
Proposals Conclusions and Initiatives for the National Level | 249 |
Conclusions | 258 |
The Legal Framework of the Economic Relations Between Israel | 263 |
The 1964 and 1970 Agreements | 264 |
The 1975 Free Trade Agreement | 265 |
The 1995 Treaty of Association | 270 |
The 1995 Interim Agreement on Trade and Traderelated Matters | 275 |
Conclusions | 276 |
Israel and the Righteous among Nations | 281 |
Impunity and the New International Court | 282 |
Seeds of Humanitarian Law | 284 |
Their Brothers Keepers | 286 |
The Duty to Disobey a Rogue Regime | 287 |
Honoring the Righteous | 289 |
Several Aspects in a Comparative Perspective | 291 |
Interpretation and Lacunae | 295 |
Some Features | 298 |
The Principle of Good Faith | 301 |
Private Law and Constitutional Law | 305 |
Conclusions | 307 |
Appendix Draft Index of Israeli Civil Code | 309 |
The British Authorities | 313 |
The Jewish Authorities | 315 |
Extract from General Assembly Resolution 181 II | 326 |
Relevant Israeli Legislation 19481949 | 329 |
Prevailing Doctrines relating to the Defence of Superior Orders | 344 |
The Priebke Case | 347 |
The Erdemovic Case | 349 |
Conclusions | 351 |
A Statute on Private International Law for Israel | 353 |
Establishing the Concept | 367 |
When Doves are Hawks | 381 |
Често срещани думи и фрази
administrative apply Arab Assembly authority Barak Basic Law belligerent occupation British Civil Code Code's codification Commission Community Comptroller conflict constitution constitutionalism Contracts Convention counter-terrorism counter-terrorism law countries decision Declaration democracy draft economic Elon enacted established European example faith force foreign Free Trade Gift Law halakhic Hebrew Human Dignity human rights Ibid important institutions international law interpretation Israel Israeli law Israeli legal system Israeli Supreme Court issue Jerusalem Jewish law Jews judge judicial review jurisdiction Knesset law and policy loc.cit majority Mandate Mandate for Palestine matters military Minister norms objective purpose Ombudsman op.cit Ordinance orthodox Palestine Palestinian Palestinian Authority parties peace person political principle prohibition protection Provisional Council rabbinical courts regarding regulations religion religious coercion Resolution rule of law secular Security Council statute supra Supreme Court terrorism terrorist Trade Agreement Treaty United Nations values Zamir