Democracy Law And National Security In Israel
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Democracy Law And National Security In Israel
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Author : Menaḥem Hofnung
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1996
Democracy Law And National Security In Israel written by Menaḥem Hofnung and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
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.
Israel S National Security Law
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Author : Amichai Cohen
language : en
Publisher: Routledge
Release Date : 2012-08-06
Israel S National Security Law written by Amichai Cohen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-06 with History categories.
Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.
Security And Defensive Democracy In Israel
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Author : Sharon Weinblum
language : en
Publisher: Routledge
Release Date : 2015-01-30
Security And Defensive Democracy In Israel written by Sharon Weinblum and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-30 with History categories.
This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.
National Security And Democracy In Israel
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Author : Avner Yaniv
language : en
Publisher: Lynne Rienner Publishers
Release Date : 1993
National Security And Democracy In Israel written by Avner Yaniv and has been published by Lynne Rienner Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Business & Economics categories.
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Free Speech And National Security
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-10-18
Free Speech And National Security written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
Israeli Constitutional Law In The Making
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Author : Gideon Sapir
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Israeli Constitutional Law In The Making written by Gideon Sapir and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
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.
National Insecurity And Human Rights
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Author : Alison Brysk
language : en
Publisher: Univ of California Press
Release Date : 2007-10-22
National Insecurity And Human Rights written by Alison Brysk and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-22 with Law categories.
Abstract:
Routledge Handbook Of Democracy And Security
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Author : Leonard Weinberg
language : en
Publisher: Routledge
Release Date : 2020-12-22
Routledge Handbook Of Democracy And Security written by Leonard Weinberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-22 with Political Science categories.
This handbook explores how democracies around the world seek to balance democratic values with the requirement to protect their citizens from the threat of politically motivated violence. Over the past few decades, the majority of the world’s democracies have had to confront serious security threats, and in many instances these challenges have not come from rival states but from violent groups. This volume offers readers an overview of how some democracies have responded to such threats. It examines the extent to which authorities have felt compelled to modify laws to evade what would ordinarily be regarded as protected rights, such as personal privacy, freedom of movement and freedom of speech. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions. The case studies provided vary in terms of the durability of their democratic systems, level of economic development and the severity of the threats with which they have been confronted. The volume is divided into three thematic parts: Strong democracies: United States, Great Britain, France, Germany, Italy, Spain, Australia, New Zealand and Israel Challenged democracies: India, South Africa, Brazil, Argentina and Romania Fragile democracies: the Philippines and Nigeria. This book will be of much interest to students of democracy, security studies, political philosophy, Asian politics, Middle Eastern politics, African politics, West European politics and IR in general.
The Last Days In Israel
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Author : Abraham Diskin
language : en
Publisher: Psychology Press
Release Date : 2003
The Last Days In Israel written by Abraham Diskin and has been published by Psychology Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Political Science categories.
This volume examines the challenges and circumstances Israel has faced during the 1990s and addresses both the public's and leadership's singular goal of "peace and security".
Foundations Of Civil And Political Rights In Israel And The Occupied Territories
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Author : Yvonne Schmidt
language : en
Publisher: GRIN Verlag
Release Date : 2008-05-21
Foundations Of Civil And Political Rights In Israel And The Occupied Territories written by Yvonne Schmidt and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-21 with Law categories.
Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, language: English, abstract: This work intends to show how civil and political rights in Israel and the Occupied Territories are regulated, which normative standards and spiritual sources nourish them, and how written and unwritten principles are applied and interpreted by the Supreme Court of Israel in pursuance of its self-imposed duty to safeguard the individual's rights and freedoms. The legal system of Israel reflects unresolved conflicts, ambiguities of the state and difficulties connected with the process of nation-building as well as dilemmas concerning the ethnic and cultural identity of the population. From 1517 until 1917 Palestine was ruled by the Turks as part of the Ottoman Empire. In 1917 British troops conquered the territory and in 1922 the League of Nations granted to Great Britain the Mandate over Palestine. Following the establishment of the state of Israel in Palestine on 14 May 1948 a large number of British mandatory legislation was absorbed into Israel's legal system. This had and still has far-reaching, restrictive implications for the areas of administrative law and the field of human rights and freedoms. The British mandatory legislation includes security legislation - such as the Defence (Emergency) Regulations, 1945 - which empowers military commanders as well as the entirely executive branch of the government to impose severe restrictions on fundamental rights and freedoms. Despite the enactment of two basic laws on human rights in 1992 many areas, such as personal freedom, freedom of speech and the right of association and assembly are still regulated mainly by British colonial legislation that was never revoked after the establishment of the state of Israel. Since 1948 a permanent state of emergency is in force in Israel. This entitles the government to apply the inherited British mandatory security legislation as well as the own, by the Israeli parliament enacted emergency regulations. Israel's legal system has been built upon the duality of secular and religious law - a concept that was inherited from the Ottoman Millet tradition, first by the British mandatory government and then by the state of Israel. This study also includes important laws and Supreme Court judgments concerning civil and political rights that relate directly or indirectly to the territories occupied by Israel in the course of the war in June 1967.