Democracy, Law, and National Security in Israel

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Dartmouth Publishing Company, 1996 - Law - 336 pages
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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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Contents

Focus of Analysis
17
EMERGENCY ARRANGEMENTS AND EMERGENCY
23
Emergency Legislation in Israel
47
Copyright

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