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The Palestinian Constitutional Court

The Palestinian Constitutional Court PDF Author: Osayd Awawda
Publisher:
ISBN: 9781527580169
Category :
Languages : en
Pages :

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Book Description
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

The Palestinian Constitutional Court

The Palestinian Constitutional Court PDF Author: Osayd Awawda
Publisher:
ISBN: 9781527580169
Category :
Languages : en
Pages :

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Book Description
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

The Palestinian Constitutional Court

The Palestinian Constitutional Court PDF Author: Osayd Awawda
Publisher: Cambridge Scholars Publishing
ISBN: 1527580172
Category : Law
Languages : en
Pages : 340

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Book Description
This book assesses the legal and practical independence of the Palestinian Constitutional Court since the coup in July 2007 that brought the Fatah regime to power in the West Bank. It argues that the Court has failed to perform its fundamental function, namely upholding the Basic Law in the face of authoritarian actions by that regime, and that it is highly unlikely to resolve this problem while the state of emergency continues. This book offers a case study on how constitutional courts in authoritarian regimes fail to fulfil, and even obstruct, the promises of rights protections contained in constitutional texts. Moreover, it provides the first English-language study that covers the entire collection of judgments and interpretations issued by that Court until the first amendment of its law in October 2017, and thus can be considered one of the most authoritative studies on a court in an authoritarian Arab regime.

The Occupation of Justice

The Occupation of Justice PDF Author: David Kretzmer
Publisher: Oxford University Press, USA
ISBN: 0190696028
Category : Law
Languages : en
Pages : 561

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Book Description
"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Constitutionalism and Palestinian Constitutional Development

Constitutionalism and Palestinian Constitutional Development PDF Author: Gregory S. Mahler
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 372

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Book Description

Constitution of Palestine

Constitution of Palestine PDF Author: Palestinian National Authority
Publisher: Good Press
ISBN:
Category : History
Languages : en
Pages : 25

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Book Description
"Constitution of Palestine" by Palestinian National Authority. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

The Constitutional and Legal System of Israel

The Constitutional and Legal System of Israel PDF Author: Shabtai Rosenne
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 50

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Book Description

Zichroni V. State of Israel

Zichroni V. State of Israel PDF Author: Michael Keren
Publisher: Lexington Books
ISBN: 9780739103166
Category : Biography & Autobiography
Languages : en
Pages : 238

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Book Description
Zichroni v. State of Israel tells the story of Amnon Zichroni, the Israeli civil rights lawyer whose legal and political battles from the early 1950s to the present day reveal a hitherto unknown chapter in the history of Israel: the struggle for human and civil rights in the country and in the occupied territories. Michael Keren's compelling narrative explores the seminal court cases in which Zichroni challenged the definition of citizenship by nationalist criteria; opposed the construction of West Bank settlements; and defended freedom of the press, association, and religion. The work offers a vivid portrayal of one man's campaign for justice in an embattled nation struggling to balance security imperatives with the rule of law.

The Palestine Yearbook of International Law, 1996-1997

The Palestine Yearbook of International Law, 1996-1997 PDF Author: Academie de Droit International
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041110091
Category : Political Science
Languages : en
Pages : 480

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Book Description
When the international legal community seeks definitive information and educated commentary on Palestinian issues it turns to "The Palestine Yearbook of International Law." The ninth volume contains - leading articles on the judicial review in Palestine, on water management, and on the status of Jerusalem; - the texts of Palestinian, Israeli, and U.S. legislation; - the texts of several reports on rights and claims of Moslems and Jews in connection with the Wailing Wall; - a selection of recent book reviews; and - a detailed bibliography. The charged nature of this field heightens the importance of access to quality information. The Palestine Yearbook of International Law supplies topical coverage on a wide range of issues in the field, making it a key resource for international practitioners and academics.

The Palestinian National Authority: Studies of the Experience and Performance 1994-2013

The Palestinian National Authority: Studies of the Experience and Performance 1994-2013 PDF Author: Prof. Ahmad M. al-Khalidi
Publisher: مركز الزيتونة للدراسات والاستشارات
ISBN: 9953500533
Category : Political Science
Languages : en
Pages : 618

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Book Description
Almost twenty years after the Oslo Accords and the formation of the Palestinian National Authority (PA), there is a need to examine this experience in all its aspects, especially since it has not achieved its main goal: the transition from an autonomous authority to an independent state with full sovereignty over the 1967 occupied Palestinian territories (West Bank and Gaza Strip). This book is a comprehensive study of the PA and its experience. The 15 chapters analyze the aspects of the PA establishment and its legislative, judicial and presidential institutions, as well as the performance of successive governments. The book deals with the internal Palestinian situation, the security forces, the PA position towards the resistance forces, and economic, demographic, educational and health conditions in the West Bank and Gaza Strip. It also tackles the corruption in the PA, the relationship between the PA and the media, as well as its foreign policy. This book is a systematic, scientific study that forensically documents the PA experience. It has undergone the usual procedures of scientific editing, including the reviewing of texts and references.

The Constitution of Israel

The Constitution of Israel PDF Author: Suzie Navot
Publisher: Bloomsbury Publishing
ISBN: 1782252096
Category : Law
Languages : en
Pages : 286

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Book Description
This book presents the main features of the Israeli constitutional system and a topical discussion of Israel's basic laws. It focuses on constitutional history and the peculiar decision to frame a constitution 'by stages'. Following its British heritage and the lack of a formal constitution, Israel's democracy grew for more than four decades on the principle of parliamentary supremacy. Introducing a constitutional model and the concept of judicial review of laws, the 'constitutional revolution' of the 1990s started a new era in Israel's constitutional history. The book's main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse. It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Finally, the book offers a critical discussion of the development of Israel's constitution and local projects aimed at enacting a single and comprehensive text.

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