Israeli Law and Jewish Law — Interaction and Independence: A Commentary

1990 ◽  
Vol 24 (3-4) ◽  
pp. 525-536
Author(s):  
Eliav Shochetman
Keyword(s):  
Legal System ◽  
Case Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Jewish Law ◽  
Major Question ◽  
Political Reality ◽  
The World ◽  
State Of Israel ◽  
Opening Section

The focus of the article written by my colleague, Prof. Brahyahu Lifshitz, was the extent of the influence of Jewish law on the legal system of the State of Israel during the forty years since its establishment. In my view, a symposium on “Forty Years of Israeli Law” ought also to include a study of the innovations and developments which have taken place within Jewish law during this period, since to a certain extent, Jewish law is an integral part of Israeli law. A comprehensive analysis of this issue is clearly beyond the scope of this paper. Nevertheless, one major question should be dealt with, i.e. to what extent does the legal system of the State find expression in modern Rabbinical case law? Has the new political reality of statehood, achieved after many centuries of exile, and the ramifications of this reality in the field of law, in any way affected modern Rabbinic decisions in the years following the establishment of the State—decisions which are meant to reflect the changes and developments that have taken place in the world of Jewish law?In the opening section of his article, Prof. Lifshitz describes the influence of Israeli law upon Jewish law in the following terms: The generally accepted view is that Jewish law does not respond to, nor is shaped by, developments in the legislative or judicial organs of the State of Israel.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

World Jewry and the Ballot: The Defence of Democracy at the World Zionist Federation and its Potential Impact on Israel's Constitutional Law

1977 ◽  
Vol 12 (3) ◽  
pp. 318-329
Author(s):  
Pnina Lahav
Keyword(s):  
Constitutional Law ◽  
The State ◽  
General Council ◽  
Financial Resources ◽  
Structural Framework ◽  
The World ◽  
Zionist Movement ◽  
Potential Impact ◽  
State Of Israel

The World Zionist Federation (hereafter W.Z.F.) was founded in 1897 at the First Zionist Congress as the structural framework of the organised Zionist Movement. Its contemporary members are Zionist organisations, whose aim is the implementation of the Zionist Programme as defined by its constitution. As such, the W.Z.F. is an inter-territorial organisation, not limited by national frontiers. It is known to command impressive financial resources and considerable international influence. In Israel, the W.Z.F. was also recognised and given a special status by law. Sec. 4 of the World Zionist Organisation—Jewish Agency (Status) Law provides that:The State of Israel recognises the World Zionist Organisation as the authorised agency which will continue to operate in the State of Israel for the development and settlement of the country, the absorption of immigrants … and the coordination of activities in Israel of Jewish institutions and organisations active in those fields.The W.Z.F. operates through three governing bodies: the Zionist Congress, the Zionist General Council and the Executive.

Symbolic Goods in Israeli Posters

2020 ◽  
Vol 65 (2) ◽  
pp. 93-120
Author(s):  
Michal Pal Bracha
Keyword(s):  
Qualitative Research ◽  
The State ◽  
Jewish Tradition ◽  
The World ◽  
Zionist Movement ◽  
Study Case ◽  
Bible Stories ◽  
The Relationship ◽  
State Of Israel ◽  
Over Time

"This article deals with symbolic goods in posters in Israel from the period before the establishment of the state to the present day. The poster and the symbolic goods that appear in it, serve as an agent of ideological companies. In this study, I will examine the nature of the relationship between the symbolic goods and the Zionist-Israeli ideology, by comparing the symbolic goods represented in them over time and space. The questions the research asks are: What are the contribution and importance of symbolic goods as an ideological tool in Israeli posters? Has the world of symbolic goods that served Zionist ideology origin or been borrowed from other ideologies? The methodology is Qualitative research by: study case, Visual – genealogical. The conclusions of the study indicate the importance of the symbolic goods in the foundation of the State of Israel by posters and other media. The symbolic goods that characterize the posters in Israel, consist in part of content related to Jewish tradition and religion (Bible stories and myths) and its other part is influenced by the symbolic goods appropriated from ideologies around the globe. Keywords: Symbolic Goods, Posters, Marketing, Ideology, Zionist Movement, Israel. "

Costituzione e religione

2009 ◽  
pp. 5-46
Author(s):  
Silvio Ferrari
Keyword(s):  
Legal System ◽  
The State ◽  
Future Research ◽  
Christian Tradition ◽  
Legislation And Jurisprudence ◽  
Islamic World ◽  
Religious Background ◽  
Western Countries ◽  
Islamic Tradition ◽  
The World

- An examination of a country's Constitution offers useful pointers for understanding how the state in question conceives and regulates its relationship with religion. In this essay, the author analyses the constitutions of all the countries of the world, considering three groups of enactments: the ones that concern a constitution's inspiring ideals and principles, the ones that deal with the sources of law and, lastly, the ones that regulate the relationships between the state and religions. An examination of this material paints a picture of the position accorded to religion in each country's legal system and above all highlights the differences attributed to the cultural and religious background that inspires them: in particular, the differences between the Western countries with a Christian tradition and the Arabian countries with an Islamic tradition, but also the differences found, within the Islamic world itself, between Arabian and non-Arabian countries. While recognising that any comparison between constitutions needs to be completed by an analysis of other sources of legislation and jurisprudence, this article indicates several directions for future research to develop on this work.

Justice and Tyranny, Law and the State in the Middle East

1999 ◽  
Vol 9 (3) ◽  
pp. 375-388
Author(s):  
Charles Lindholm
Keyword(s):  
Civil Society ◽  
Middle East ◽  
Legal System ◽  
Max Weber ◽  
Case Law ◽  
Authoritarian Regimes ◽  
The State ◽  
Civic Organizations ◽  
Rational Organization

In his influential work, Max Weber argued that the Middle East was fatally hampered in the development of a modern civil society by the existence of arbitrary Qadi justice, based on the personalized decisions of a judiciary reliant only on case law for precedent and lacking any form of rational organization. This individualistic judicial structure (or lack of structure) allowed authoritarian regimes to subvert the courts for their own purposes, destroying the possibility of the development of an autonomous citizenry; meanwhile, in Europe the evolution of a rationally codified legal system acted as a check on governmental tyranny and provided a space for the evolution of independent civic organizations.

The Vatican, Latin America, and Jerusalem

1957 ◽  
Vol 11 (2) ◽  
pp. 213-219
Author(s):  
Edward B. Glick
Keyword(s):  
Latin America ◽  
United Nations ◽  
The State ◽  
The Other ◽  
Jewish State ◽  
Holy See ◽  
The World ◽  
Holy Places ◽  
New City ◽  
State Of Israel

Viewed from its widest angle, the dormant but still unsettled question of the internationalization of Jerusalem is, in reality, a struggle between the Holy See and the Jewish state. Thus one protagonist will inform the United Nations that “the Catholic body throughout the world…will not be contented with a mere internationalization of the Holy Places in Jerusalem” and the other will proclaim to the Israeli Parliament that “for the state of Israel there is, has been and always will be one capital only, Jerusalem, the Eternal”. Since 1947 the Vatican has directed a campaign designed to make unmistakably clear to Israel and the UN that nothing less than the complete territorial internationalization of Jerusalem would be satisfactory; with equal steadfastness has Israel maintained her claim to sovereignty over the entire New City of Jerusalem.

The Constitutionalization of the Israeli Legal System as a Result of the Basic Laws and its Effect on Procedural and Substantive Criminal Law

1997 ◽  
Vol 31 (1-3) ◽  
pp. 3-23 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
The State ◽  
Constitutional Democracy ◽  
Human Right ◽  
Basic Law ◽  
The Supreme Court ◽  
Constitutional Revolution ◽  
State Of Israel ◽  
Normative Value

In March 1992, Israel underwent a Constitutional Revolution. In March 1992, two new Basic Laws were passed: Basic Law: Freedom of Occupation and Basic Law: Human Dignity and Liberty. Under these new Basic Laws, several human rights — among them Dignity, Liberty, Mobility, Privacy, Property — acquired a constitutional force above the regular statutes. Most of these rights were already protected, prior to the constitutionalization. While a few were protected by the legislator, most were protected by the case law of the Supreme Court, developed by some of our greatest judges since the establishment of the State. The main difference made by the Basic Laws is the strengthening of the normative value of these rights. A regular Knesset (Parliamentary) statute can no longer infringe upon these rights, unless it fulfils the requirements of the Basic Laws (the ‘limitation clause’) namely, it befits the values of the State of Israel, it was passed for a worthy purpose and the harm caused to the constitutional Human Right is proportional to the purpose. Thus, we became a constitutional democracy.

scholarly journals The Question of Palestine and the Muslim World

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Abdullah Al-Ahsan
Keyword(s):  
World War Ii ◽  
Local Population ◽  
Legal Framework ◽  
The State ◽  
Fundamental Rights ◽  
Jewish State ◽  
The Us ◽  
The World ◽  
Zionist Movement ◽  
State Of Israel

The question of Palestine (and the city of Jerusalem) is a core issue that remains at the centre of the Muslim mind in our time. This is because most Muslims feel that the Zionist Movement created the State of Israel in Palestine after World War II by depriving the local population of their fundamental right to exist in their ancestral homeland. The global Zionist Movement conspired, resorted to terrorist tactics and executed an ethnic cleansing campaign to create the State of Israel. The Zionists first secured the support of British politicians and then the American leaders in favour of their search for an exclusive Jewish state covering the entirety of the former British Mandate of Palestine. Although the Palestinians – like Muslims in various parts of the world – quickly developed a national consciousness in the inter-war period and tried to protect their fundamental rights, they were no match for the Zionists who had already secured the support of major powers of the globe (e.g. Britain and the US). Later, Israel managed to obtain UN membership in its third attempt with the commitment to allow all Palestinians to return to their ancestral home. But in practice, Israel has ignored all UN resolutions regarding the Israeli-Palestinian conflict. Israel has gradually developed a legal framework to deny the citizenship rights of the original population of Palestine and continues to build new Jewish settlements by demolishing Palestinian homes. While the Palestinians continue to suffer under Israeli repression, the OIC (Organization of Islamic Cooperation) and most Muslim governments have largely abandoned the Palestinian cause of liberation. This, in turn, frustrates much of the Muslim youth around the world – fuelling fundamentalism and extremism.  

scholarly journals The Jewish Verfassung, the Israeli nomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy

2021 ◽  
pp. 1-21
Author(s):  
Wojciech Engelking
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Philosophy ◽  
Constitutional Theory ◽  
National Community ◽  
The Earth ◽  
Arab Origin ◽  
The Impact ◽  
State Of Israel ◽  
Basic Matter

Abstract The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.

Friedrich von Hardenberg (Pseudonym Novalis)

2016 ◽  
Author(s):  
William Arctander O'Brien
Keyword(s):  
The State ◽  
Final Word ◽  
The Real ◽  
Political Reality ◽  
The World ◽  
Political Realities

For Hardenberg, the poets are surely ‘unacknowledged legislators of the world’, as Shelley would have it; and still more, they are the makers of the legitimacy that grounds legislation, that grounds the very existence of the state. InHeinrich von Afterdingen, legitimacy is a product of the poets’ manipulation of spectacle, convention, sign. It is a fiction that becomes a working fiction, a fiction actualized and institutionalized in the reality of the state. Hardenberg’s tale is no escape from political realities, as some claim of the Romantics, but a lesson in how political reality is made. Fiction makes the real, or, as Hardenberg noted at the time,notsentimentally: ‘The more poetic, the more true’ (III. 647). In politics, as in all else, this is the final word in Hardenberg’s Romanticism.

Sign in / Sign up

Export Citation Format

Share Document