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

1998 ◽  
Vol 32 (4) ◽  
pp. 681-711
Author(s):  
Linda Gallant ◽  
Gabriela Shalev

The State of Israel v. Aprofim Housing and Enterprise (1991) Ltd. (1995) 49(ii) P.D. 265In 1990, following the wave of immigration from the former Soviet Union at the end of the 80's, the Government decided to promote construction of apartments for new immigrants and other persons entitled to government housing aid. A plan was drawn up whereby land would be allocated to contractors for building purposes by the Israel Lands Authority, while the Housing Ministry (hereinafter, “the Appellant”) undertook to purchase the apartments from the contractors after construction.A standard form agreement was drawn up which served as the basis for the contracts signed between the Appellant and the various building contractors and entrepreneurs. The Appellant undertook in these contracts to purchase from the contractor, upon request, any apartments which had been built but not sold on the open market. In desirable locations, the Appellant was under an obligation to purchase up to 50% of the apartments built. In development areas the Appellant was bound to purchase all of the apartments. The contractor was entitled to demand that the Appellant exercise its obligation to purchase the apartments in the desirable locations, at the earliest, on completion of construction; whereas, in the case of apartments in the development areas the contractor could make its demand on completion of the frame and internal walls of the building. The contract did not limit the time in which the contractor had to present its demand for performance of the obligation to purchase, but any delay in presenting a demand beyond the times stated would influence the contractor's right to receive the full price for the apartments from the Appellant.

2020 ◽  
Vol 22 (1) ◽  
pp. 1 ◽  
Author(s):  
Jenri Panjaitan ◽  
Muhadjir Darwin ◽  
Indra Bastian ◽  
Sukamdi Sukamdi

This study investigates whether the Indonesian regulators control Indonesian small and medium-sized enterprises (SMEs) with matching or mismatching empowerment strategies, in light of their strengths and current standing. Indonesian SMEs contributed approximately 60.34% to Indonesia’s gross domestic product (GDP) in 2018. In addition, Indonesian regulators have focused on financial support through credit policies and tax incentives. Indonesian SMEs have been standing on organizational readiness and readiness for change, based on their social networks and social cognition. It collected thirteen informants with different expertise and experiences. This study’s results suggest Indonesia’s regulatory body and financial institutions should consider the SMEs’ social cognition and organizational readiness for change. According to the current situation, to empower Indonesian SMEs, we recommend strategies such as achieving knowledge supremacy, creating an economic development board, as in Singapore, formulating comprehensive industry-wide policies, adopting omnibus laws, and implementing a shifting balance strategy. In other words, the Indonesian regulators should implement major reforms, which are similar to glasnost and perestroika in the former Soviet Union. This is to enhance Indonesian SMEs and achieve the goal of the Government of Indonesia (GoI) with respect to the optimal distinctiveness of Indonesia’s future economy. This optimal distinctiveness refers to the GoI’s policies, which focused on knowledge supremacy, an industry-wide regime, and research for empowerment.  


1965 ◽  
Vol 19 (1) ◽  
pp. 81-96

The Security Council held two meetings (1140th and 1141st) on August 5 and 7, 1964, to discuss a complaint of the United States government against the government of North Vietnam, which was expressed in a letter dated August 4, 1964, from the permanent representative of the United States addressed to the President of the Security Council. At the outset of the 1140th meeting on August 5, 1964, Mr. Morozov (Soviet Union) explained that he had requested the postponement of the meeting until August 6 to permit his delegation to receive necessary instructions from its government. With regard to this request, Mr. Stevenson (United States) pointed out that the UN Charter explicitly called for immediate reporting to the Council of measures taken by Members in the exercise of their right of self-defense. If the Council wished to adjourn after hearing the statement of the United States delegation, Mr. Stevenson had no objection. Mr. Hajek (Czechoslovakia) also opposed convening the meeting on August 5 on the grounds that Council members did not possess all the facts and views of the parties. To deliberate on the question on the basis of one version would not, he felt, serve the interests of the Council. Moreover, he did not feel that the circumstances constituted an emergency: The United States did not appear to be immediately threatened.


2002 ◽  
Vol 24 (3) ◽  
pp. 307-311 ◽  
Author(s):  
Bradley W. Bateman

The last twenty-five years of the twentieth century were freighted with important moments for historians of economic thought: the collapse of the Keynesian consensus, the rise (and fall) of monetarism, the collapse of the former Soviet Union and the other Marxist-Leninist states in central and eastern Europe, the rise of neo-liberalism, and arguments over the possible emergence of a “New Economy” following the internet investment boom at the end of the 1990s. Each of these moments will require its own history as we slowly move away from the tumult of the times and begin to weigh them for their own significance. But several of the moments have a common iconic face in Margaret Thatcher, the Prime Minister of Great Britain from 1979 to 1990. Few other individuals so readily embody the sense of the times. Thatcher's election—a full year and a half before Ronald Reagan's—marks for many people the moment when Keynesian policies finally and irretrievably lost their legitimacy. Likewise, the timing of her election, just two months before Paul Volcker's selection as the chair of the Federal Reserve Board of Governors in the United States, also means that for many people Thatcher's is the public face of monetarism's ascendancy. Finally, there is probably no one person whose name is so clearly associated with the rise of free market thinking and neo-liberalism during the end of the twentieth century.


1990 ◽  
Vol 24 (3-4) ◽  
pp. 368-430 ◽  
Author(s):  
Shimon Shetreet

The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.


2020 ◽  
Vol 11 (Winter) ◽  
pp. 89-92
Author(s):  
Nazgul Bayetova

The Republic of Kazakhstan is one of the Central Asian countries of the former Soviet Union. The ninth largest country in the world in physical size with a population of over 17 million people and significant oil, iron ore, coal, copper, and gas reserves, Kazakhstan gained independence from the Soviet Union in 1991. In the early 1990s, the Supreme Court of the Kazakh Social Soviet Republic declared the transition of a planned economy to a market economy. Kazakhstan’s market system has significantly impacted its emerging higher education system. Less government spending and the creation of private universities in Kazakhstan were the core strategies that have been implemented under the neoliberal policies of Nursultan Nazarbayev, Kazakhstan’s president from independence to this year (1991-2019).


Author(s):  
Noa Sophie Kohler

In Israel, several hundred thousand citizens form a minority group that wishes to be acknowledged as Jewish by the state authorities. Most of them immigrated from the former Soviet Union and cannot provide sufficient evidence of their maternal ancestors’ affiliation with a Jewish community. This has a direct impact on their civil rights. Based on a scientific research article on matrilineal genetic markers among Eastern and Central European Jews, the rabbinical dean of an institute for advanced Jewish studies in Jerusalem proposed to accept, under certain conditions, the presence of specific genetic markers as legal proof of “Jewishness.” Genetic testing here is meant to become a tool for empowerment and (re)claiming Jewish status. This case raises many questions concerning a biological understanding of Judaism and shows how genetic ancestry testing could be used to uphold the religious orthodox narrative.


2016 ◽  
Vol 6 (9) ◽  
pp. 78-86
Author(s):  
V. Yanin

The following article describes the main aspects of life and activity of engineer L.S. Lebedyanski. It reviews the major working lines and career growing of L.S. Lebedyanski at the Kolomensky plant. In addition, article reviews the contribution of L.S. Lebedyanski to the development of the locomotive industry of the former Soviet Union and his relations with the government.


2003 ◽  
Vol 28 (3) ◽  
pp. 57-64 ◽  
Author(s):  
Vipin Malik

In the nineties, India's budgeting, fiscal deficits, and balance of payments problems kick started the government's urge to unlock the huge investments chained in the state-owned enterprises (SOEs). The blueprint was the successful global model of privatization/divestment which was initiated by Margaret Thatcher in the eighties in the UK and implemented by other countries including Unified Germany, former USSR, the erstwhile socialist countries, Western Europe, Canada, Japan, and even China. The developed nations attained a high level of success followed by the developing and the least developed countries. While developed and OECD countries opted for Initial Public Offerings (IPOs), Russia adopted a system of vouchers for buying shares of public sector companies at auctions, and smaller states in the former Soviet Union and East European countries opted for trade and negotiated sales. Developing countries like Brazil and Chile made principal divestments of significantly large government stakes with no reservations to pass on control to foreign investors. Greece and Korea opted for convertible bonds. Considering that the debate on the need for disinvestments is very old, the question is: is there anything new and is there a game plan? Also, why is the media hesitant in presenting analysis of the decision-makers' mindset? It leads to the inference that the implementers have perhaps little commitment to disinvestments which is in contrast to what Hungary and China have achieved by their professional approach. Fortunately, the efforts to pursue reforms have not openly been reversed or given up by any government of the day. The Four Ps of disinvestment – Policy, Promise, Prognosis, and Performance – look grim. In the recent past, we have been witnessing a lot of debate on the disinvestments scenario suggesting dynamic movement. In reality, the sale of equity of only 49 companies has so far been accomplished (a few only privatized). In comparison, Hungary identified 1,288 SOEs, transformed them into companies for privatization, and in 2002, only 79 companies were left for privatization. Against a target of Rs 100 billion, the financial year 2000–2001 closed with a collection of Rs 18.70 billion. Against a target of Rs 120 billion, the financial year 2001–2002 closed with a collection of Rs 56 billion inclusive of special dividend of VSNL at Rs 18.87 billion and Rs 11.54 billion of IBP bought by another public sector undertaking (PSU). Against a target of Rs 120 billion, the financial year 2002-2003 closed with a collection of Rs 33 billion. The target for financial year 2003-04 is Rs 132 billion (US$ 2.87 billion). To set things on the recovery path, introspection on what aberrations have entered the system is necessary. In the words of the President to the Joint Session of Parliament in February 2002, “... The prolonged fiscal haemorrhage from the majority of these enterprises cannot be sustained any longer...” How do we ensure that the disinvestment process is on track? The following five-point agenda would be useful for policy-makers: Trust the homegrown expert for implementation. Place administrative control in the hands of the Finance Minister. Hand over companies that are a burden on the government to the employees. Do not involve a PSU/SOE in the bidding process. Manage revivals professionally.


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