Foundations of Civil and Political Rights in Israel and the Occupied Territories

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GRIN Verlag, 2008 - Human rights - 636 pages
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Doctoral Thesis / Dissertation from the year 2001 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Vienna, 321 entries in the bibliography, language: English, comment: books and articles: 321 table of cases: 435 table of legislation and legal materials: 287 documents / press relations / reports: 196, 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 wa
 

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Contents

ISRAELS PERMANENT STATE OF EMERGENCY
288
ISRAELS CONCEPT OF STATE SECURITY
297
JUSTIFICATIONS
303
THE BRITISH MANDATORY DEFENCE EMERGENCY
312
Mag Dr Yvonne Schmidt 2001
327
CONCLUSIONS
331
E THE ADMINISTRATIVE LEGAL AND JUDICIAL
338
THE ADMINISTRATIVE SYSTEM IN THE OCCUPIED
345

THE ROLE OF THE ISRAELI SUPREME COURT
107
THE NATURE AND LEGAL STATUS OF
120
THE ATTITUDE OF THE ISRAELI SUPREME COURT
146
NORMATIVE RELATIONSHIP BETWEEN BASIC
156
UNITED MIZRAHI BANK V MIGDAL COOPERATIVE
171
THE CONCEPT OF THE STATE OF ISRAEL AS
194
ISRAELS LEGAL SYSTEM
218
THE CONCEPT OF ISRAEL AS A JEWISH STATE
241
THE CONCEPT OF ISRAEL AS A JEWISH STATE
250
THE CONCEPT OF ISRAEL AS A JEWISH STATE
265
SUMMARY AND CONCLUSIONS
286
THE LEGAL AND JUDICIAL SYSTEM IN
377
THE IMPACT OF THE OSLO I AND II
387
F THE RIGHT TO FREEDOM OF EXPRESSION
392
JURISPRUDENCE
398
CENSORSHIP
424
CONCLUSIONS
454
ISRAEL SINCE 1948
465
Waste Lands 1948
517
SUMMARY AND CONCLUSIONS
536
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