By David Kretzmer

ISBN-10: 0585471002

ISBN-13: 9780585471006

ISBN-10: 0791453375

ISBN-13: 9780791453377

The selections of the preferrred courtroom of Israel in instances on the subject of the Occupied Territories.

Show description

Read Online or Download The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (S U N Y Series in Israeli Studies) PDF

Similar education books

Download PDF by T. Encrenaz (Editor), R. Kallenbach (Editor), T. Owen: The Outer Planets and their Moons: Comparative Studies of

Representatives of numerous medical groups, comparable to planetary scientists, astronomers, house physicists, chemists and astrobiologists have met with the purpose to study the data on 4 significant topics: (1) the learn of the formation and evolution procedures of the outer planets and their satellites, starting with the formation of compounds and planetesimals within the sunlight nebula, and the next evolution of the interiors of the outer planets, (2) a comparative examine of the atmospheres of the outer planets and Titan, (3) the research of the planetary magnetospheres and their interactions with the sunlight wind, and (4) the formation and houses of satellites and jewelry, together with their interiors, surfaces, and their interplay with the sun wind and the magnetospheres of the outer planets.

Additional resources for The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (S U N Y Series in Israeli Studies)

Sample text

Indeed, in the Rafiah Approach case itself the other justices on the bench adopted a different approach. Justice Kister suggested that while a military commander in occupied territory is in effect the source of his own power, in all his actions he is subject to orders from his superiors. 40 Justice Kister’s view soon became the accepted approach of the Court. In the VAT case,41 the issue concerned military orders that imposed value added tax (VAT) in the Occupied Territories. The Court did not doubt its power to review these orders so as to decide whether the military commander had exceeded the legislative powers of a belligerent occupant under international law.

The first question will be discussed in the next chapter. The rest of this chapter will be devoted to a discussion of the second and third questions. Rules of Israeli Administrative Law The Supreme Court adheres to the theory that governmental powers are to be exercised by authorized governmental authorities and not by the Court itself. Sitting as a High Court of Justice, rather than a court of appeal, the Court’s function is to examine the legality, rather than correctness, of government decisions.

When may a military commander introduce changes into the local law? May the commander promulgate legislation that has long-term effects or produces fundamental changes in the occupied territory? The attitude of the Supreme Court on these questions will be discussed in chapter 4. The question examined here relates to the scope of judicial review over legislative acts of the military commander. The question of judicial review over military legislation in the Occupied Territories must be discussed in light of the Israeli constitutional system that, following the British model, long regarded primary legislation as beyond the pale of judicial review.

Download PDF sample

The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (S U N Y Series in Israeli Studies) by David Kretzmer

by Daniel

Rated 4.41 of 5 – based on 28 votes