Democracy, Law, and National Security in Israel
The focus of this work is to analyse the conflict between two components which constitute the basic foundation of every democratic state. On the one hand, the liberal democratic state is required - by definition - to protect the basic principles of the rule of law and human rights; on the other hand, in order to maintain its existence, the exigencies of security are deemed ultimate, even when this means the suspension of certain human rights. The basic question is: what comes first, security or the rule of law?Four main periods are analyzed in this book:1) 1948-1967- the period of the pre-1967 borders2) 1967-1977 - the years following the Six Day War, under the Labour government3) 1977-1992 - the era of the Likud as a dominant party in Israeli Politics4) 1992-1995 - the post Likud eraThe book shows that it is easier for a democracy to cope with an external threat which presents circumscribed lines of conflict. An external threat to its political system allows a country to consolidate consensus and social cohesion for repelling the danger, towards the preservation of national independence. A threat from home, when there is no internal consensus on its scope, its immediacy and the ways of countering it, gives rise to substantial difficulties in preserving agreement and understanding about accepted rules of the game on security matters in a democratic system.
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Focus of Analysis
EMERGENCY ARRANGEMENTS AND EMERGENCY
Emergency Legislation in Israel
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Absentees according acts agreement amendment applied Arab army authority Aviv B'tselem Basic Law became bill Censor censorship citizenship Committee constitutional Court of Justice Cr.A decision declared Defence Regulations defined democracy democratic demonstrations East Jerusalem elections Eleventh Knesset emergency legislation emergency powers emergency regulations enacted establishment executive existence force freedom of expression Gahal Gaza Strip granted Gush Emunim Ha'aretz Hebrew High Court human rights Ibid internal Intifada Israel Israeli citizens issue Judea and Samaria judicial review Knesset debate land Likud limited Mapai Mapam military administration Military Commander military court military government Minister of Defence Minister of Interior movement national security newspaper Occupied Territories Ordinance organizations Palestinian party peace petition population primary legislation Prime Minister principles provisions residents restrictions rule of law Section security considerations security legislation security services settlers society status Supreme Court Tenth Knesset threat West Bank