Leading Decisions of the Supreme Court of Israel and Extracts of the Judgment

1998 ◽  
Vol 32 (1) ◽  
pp. 139-178
Author(s):  
Omi Morgenstern Leissner
Keyword(s):  
Affirmative Action ◽  
Supreme Court ◽  
Board Of Directors ◽  
The State ◽  
Oil Refinery ◽  
Single Woman ◽  
Court Of Justice ◽  
The Supreme Court ◽  
The Board Of Directors ◽  
The Government

Israel Women's Network v. The Government of Israel (1994) 48(v) P.D. 501The petitioner, the Israel Women's Network, petitioned the Supreme Court of Justice against the appointment of a new member to the Ports and Railways Council and against the appointment of two new directors on behalf of the State to the board of directors of the State-controlled Oil Refinery. All three of the new appointees were men, such that neither of the two councils included a single woman in their composition. The petitioner disputed the constitutionality of these appointments arguing that in the particular circumstances and in line with sec. 18A of the Government Companies Law, the appointees ought to have been women. By a majority decision the Supreme Court held that the respondent did not fulfill the duty of affirmative action required by sec. 18A of the Law, and that the cancellation of the appointments made was justified.

The Reckoning

2021 ◽  
pp. 483-520
Author(s):  
Eric Van Young
Keyword(s):  
Supreme Court ◽  
Mexico City ◽  
The State ◽  
The Other ◽  
Grand Jury ◽  
The Supreme Court ◽  
The Government ◽  
The U.S

Alamán’s internal self-exile in Mexico City, when he hid for nearly two years only to emerge in 1834, is discussed in as much detail as is possible for a largely undocumented episode. Having left the government along with the other ministers during 1832, he was being pursued by agents of the state and political enemies to stand trial before a congressional grand jury for his involvement in the judicial murder of Vicente Guerrero. The chapter also discusses his cordial relationship with the U.S. envoy who replaced the recalled Joel Poinsett, Anthony Butler. The fall of the Anastasio Bustamante government to an uprising led by Santa Anna is narrated, along with Alamán’s eventual trial, his spirited defense of himself, the intervention of Carlos María de Bustamante (not the president) on his behalf before the Supreme Court, and the ex-minister’s exoneration at the hands of President Santa Anna.

Zee Films and the BCCI: The Award of Broadcasting Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Government ◽  
The Right

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

scholarly journals EFFICIENCY IN THE FINANCIAL MANAGEMENT IN THE SUPREME COURT OF JUSTICE IN THE STATE OF TAMAULIPAS, MÉXICO

2015 ◽  
Vol 7 (1) ◽  
pp. 48-67
Author(s):  
David Ortiz González ◽  
Mónica Lorena Sánchez ◽  
Yesenia Sánchez Tovar
Keyword(s):  
Supreme Court ◽  
Financial Management ◽  
The State ◽  
Court Of Justice ◽  
The Supreme Court

scholarly journals THE MANY FACES OF STRICT SCRUTINY: HOW THE SUPREME COURT CHANGES THE RULES IN RACE CASES

2010 ◽  
Vol 72 (1) ◽  
Author(s):  
Evan Gerstmann ◽  
Christopher Shortell
Keyword(s):  
Affirmative Action ◽  
Supreme Court ◽  
Racial Discrimination ◽  
Racial Profiling ◽  
Single Test ◽  
Strict Scrutiny ◽  
The Supreme Court ◽  
Different Types ◽  
The Government ◽  
The Many

In this paper, we argue that there is no single test called strict scrutiny when the Court considers claims of racial discrimination. In fact, the Court changes the rules depending on why and how the government is using race. By examining racial redistricting, remedial affirmative action, and diversity-based affirmative action cases, we show how the Court uses at least three verydifferent versions of strict scrutiny. The costs of maintaining the fiction of unitary strict scrutiny is high. In the area of racial profiling, for example, courts refuse to apply strict scrutiny for fear that it will either overly hamper police or will weaken strict scrutiny in other areas of racial discrimination. An open acknowledgment that the Court is already using different standards of analysis for different types of racial discrimination would allow courts to craft appropriate standards without fear of diminishing protections in other areas.

scholarly journals COVID-19 and the judiciary: the case for access to testing Sudhi versus Union of India

2020 ◽  
Vol 7 (9) ◽  
pp. 3769
Author(s):  
Diya Uberoi
Keyword(s):  
Supreme Court ◽  
Poverty Line ◽  
The State ◽  
Private Companies ◽  
Private Hospitals ◽  
Health Crisis ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Significant Step ◽  
The Government

In an effort to protect citizens’ right-to-health, the Supreme Court of India on April 8th ordered the government to make COVID-19 testing free in all private hospitals and labs. The Court’s decision in Sudhi v. Union of India marked a significant step towards ensuring that all people, especially poor workers in the informal sector have access to necessary care. Five days later, however, after facing objections from private companies and the state, the Supreme Court reversed its previous order and made testing free for only those living below the poverty line, an obligation already mandated under the National Health Policy Scheme.This commentary suggests that judicial action should be strengthened, not hampered, in times of global health crisis. While no state has unlimited resources to ensure the protection of health, the judiciary should be emboldened to hold the state to account.   

scholarly journals Expansion of the Objects of State Administrative Disputes after the Enactment of Law Number 30 of 2014 Concerning Government Administration and Supreme Court Regulation Number 2 of 2019 Concerning Guidelines for the Resolution and Authority to Adjudicate Unlawful Conducts by Government Agencies or Officials (Onrechtmatige Overheidsdaad / OOD)

2021 ◽  
Vol 8 (1) ◽  
pp. 383
Author(s):  
Sonyendah Retnaningsih ◽  
Disriani Latifah Soroinda Nasution ◽  
Heryna Oktaviani ◽  
Muhammad Rizqi Alfarizi Ramadhan
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Secondary Data ◽  
The State ◽  
Government Agencies ◽  
Government Action ◽  
Government Administration ◽  
State Administration ◽  
The Supreme Court ◽  
The Government

Historically, State Administrative Court (PTUN) has existed since 1986, with the enactment of Law Number 5 of 1986 concerning State Administrative Court which currently has been amended by Law Number 9 of 2004 concerning Amendment to Law Number 5 of 1986 concerning State Administrative Court and amended again by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court. The role of the Administrative Court according to the explanation of the law, the PTUN functions as a control or supervisory agency thus legal actions from government officials do not deviate, in addition to protecting the rights of citizens from the actions of officials who abuse their authority or act arbitrarily. Currently, the object of dispute and can be sued at the State Administrative Court is only a State Administration decision reduced by the exceptions stipulated in Article 2 and Article 49 of the PTUN Law. The provisions of Article 3 of the Administrative Court Law No. 5 of 1986 on negative fictitious could potentially no longer be enforced since the enactment of Article 53 of the AP Law which stipulates positive fictitious. Since the promulgation of Law Number 30 of 2014 concerning Government Administration (hereinafter referred to as AP Law) on 17 October 2014, there has been a change in the legal criteria from the government written stipulation (beschikkingen) which was initially restrictive and can be sued to the PTUN, yet it has recently become extensive (which was originally mere beschkking, currently it almost covers all variations of besluiten). With the enactment of the AP Law, there will be an expansion of absolute competence and objects of state administration disputes, as stipulated in Article 87 of the AP Law which includes: first, Government Administration Decrees, as stipulated in Article 1 point 7 of the AP Law; second, Government Administration Actions Based on Article 1 point 8 of the AP Law. Furthermore, with the enactment of the Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and the Authority to Adjudicate Unlawful Conducts by Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD), the judicial power shall transfer from the General Court to the State Administrative Court. This crucial matter continues to be the groundwork and reason for conducting the current research entitled the expansion of the state administration dispute object after the enactment of Law Number 30 of 2014 concerning Government Administration and the supreme court regulation (Perma) Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Conducts by the Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD). Conducted through normative juridical research method, this research-based paper examined the interviews through judges at PTUN Jakarta and Bandung and the main data source within this qualitative analysis serves as the secondary data or literature data.

Purge brings rewards and risks for Moreno

2018 ◽  
Keyword(s):  
Supreme Court ◽  
Political Violence ◽  
Political Institutions ◽  
The State ◽  
Democratic Institutions ◽  
Content Type ◽  
The Supreme Court ◽  
The Government ◽  
Political Persecution ◽  
Political Purge

Subject Political purge. Significance Ecuador’s Supreme Court on November 7 ordered former President Rafael Correa (2007-17) to stand trial for his alleged involvement in the kidnapping of a political opponent in 2012. The order comes amid increasing efforts by President Lenin Moreno to purge Correa supporters from the government, legislature and bureaucracy and consolidate power. Correa, who now lives in Belgium, is out of reach of Moreno and the Supreme Court, but his popularity and influence in Ecuador endures and will cause ongoing problems for Moreno. Impacts The risk of political violence will increase as Correa and his supporters are locked out of formal political institutions. Correa will find it easier to claim political persecution if attacks against him and his supporters escalate. The arbitrary use of measures to purge Correa supporters from the state risks undermining trust in democratic institutions.

The influence of the jurisdiction over the legislation on the fields of civil and commercial law in 2018 in Republic of Bulgaria

2020 ◽  
Vol 15 (1-3) ◽  
pp. 12-34
Author(s):  
Polya Goleva
Keyword(s):  
Supreme Court ◽  
Final Analysis ◽  
The State ◽  
Commercial Law ◽  
Concrete Case ◽  
Legislative Power ◽  
Court Of Justice ◽  
The Supreme Court

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpre­tation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance in particular in the year of 2018 and in par­ticular on the field of the civil and com­mercial law. In some directions the legis­lative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

scholarly journals Wewenang Dan Kendala Pengadilan Tata Usaha Negara Dalam Menyelesaikan Sengketa Kepegawaian Setelah Upaya Administratif

2019 ◽  
Vol 3 (2) ◽  
pp. 202-221
Author(s):  
Azzahrawi Azzahrawi ◽  
Husni Djalil ◽  
Zahratul Idami
Keyword(s):  
Supreme Court ◽  
Legal Theory ◽  
Secondary Data ◽  
Administrative Law ◽  
The State ◽  
New Paradigm ◽  
Is Research ◽  
Litigation Process ◽  
The Supreme Court ◽  
The Government

Penelitian ini bertujuan untuk mengetahui bagaimana wewenang Pengadilan Tata Usaha Negara dalam menyelesaikan sengketa kepegawaian setelah upaya administratif beserta permasalahan/kendala dan upaya mengatasi permasalahan/kendala tersebut. Penelitian ini menggunakan metode penelitian Yuridis Normatif yaitu penelitian yang mengkaji studi dokumen, yakni menggunakan berbagai data sekunder seperti Peraturan Perundang-undangan, teori hukum dan beberapa pendapat para ahli serta menggunakan analisis kualitatif yakni dengan menjelaskan data-data yang ada dengan kata-kata atau pernyataan bukan dengan angka-angka. Hasil dari penelitian ini dapat disimpulkan dengan telah disahkannya UU AP telah melahirkan paradigma baru dalam penyelesaian sengketa kepegawaian setelah melalui upaya administratif berupa perubahan kewenangan/kompetensi absolut dari yang semula merupakan kewenangan PT TUN menjadi kewenangan PTUN ditinjau dari pembagian sistem hukum formil materil, undang-undang dalam perspektif ilmu hukum, dan asas preferensi hukum. Kendala/ permasalahannya seperti akan lamanya proses berperkara yaitu Pengadilan tingkat pertama, banding dan kasasi. Kemudian belum dibentuknya Peraturan Pelaksana dari ketentuan Pasal 129 UU ASN, akan terjadi pemeriksaan ganda terhadap sengketa kepegawaian dimaksud antara PT TUN Jakarta dengan PTUN Jakarta. upaya untuk mengatasi kendala tersebut, seperti Mahkamah Agung mengeluarkan Peraturan Mahkamah Agung untuk mengisi kekosongan hukum terhadap masalah tersebut, kemudian agar Pemerintah segera membentuk Peraturan Pelaksana dari Pasal 129 UU ASN, serta Pemerintah dan DPR melakukan revisi terhadap UU Peratun agar disesuaikan kembali dengan UU AP sebagai hukum materil dari Pengadilan Tata Usaha Negara.This study aims to determine how the authority of the State Administrative Court in resolving staff disputes after administrative efforts along with problems / obstacles and efforts to overcome these problems / obstacles. This study uses a juridical normative research method that is research that examines the study of documents, which uses a variety of secondary data such as legislation, legal theory and some opinions of experts and uses qualitative analysis by explaining existing data with words or statements not by numbers. The results of this study can be concluded with the ratification of the AP Law has given birth to a new paradigm in the settlement of personnel disputes after administrative efforts in the form of absolute authority / competency changes from what was originally the authority of PT TUN under the authority of the Administrative Court in terms of formal legal system distribution in the perspective of law, and the principle of legal preference. Constraints / problems such as the length of the litigation process are the first court, appeal and cassation. Then the implementation of the Implementing Regulations from the provisions of Article 129 of the ASN Law has not been established, there will be a double examination of the personnel dispute referred to between PT TUN Jakarta and the PTUN Jakarta. efforts to overcome these obstacles, such as the Supreme Court issued a Supreme Court Regulation to fill the legal vacuum on the issue, then the Government immediately formed an Implementing Regulation of Article 129 of the ASN Law, and the Government and Parliament revised the Administrative Law to be re-adjusted to the AP Law as material law of the State Administrative Court.

Veterans' Preference in the State of Montana: Equal Employment or Affirmative Action?

1987 ◽  
Vol 16 (2) ◽  
pp. 159-171 ◽  
Author(s):  
Krishna K. Tummala
Keyword(s):  
Native Americans ◽  
Affirmative Action ◽  
Supreme Court ◽  
Public Service ◽  
The State ◽  
Equal Employment ◽  
The Supreme Court ◽  
The Disabled ◽  
State Library

In 1983, the Supreme Court of Montana, in the case of Vivian Crabtree v. Montana State Library, decided that veterans were entitled to absolute preference in public service based on a 1921 statute as amended in 1927, thus ending preference as a tie-breaker in employment. This paper addresses the question whether veterans' preference, as such, contributed to either equal employment or affirmative action, and concludes that it violated both. Data show that preference as a tie-breaker, let alone absolute preference, led to over-representation of veterans, with lesser representation of females, the disabled and minorities, particularly Native Americans. The findings also warrant a fresh, dispassionate look at veterans' preference.

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