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.

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.

scholarly journals The Sacrosanctity of the Holocaust and its Influence on Judaism and the State of Israel

2015 ◽  
Vol 9 (2) ◽  
pp. 228-247
Author(s):  
Victoria Nesfield
Keyword(s):  
Public Sphere ◽  
The State ◽  
Christian Church ◽  
Legal Cases ◽  
Mainstream Media ◽  
Holocaust Memory ◽  
The Holocaust ◽  
The Face ◽  
The Impact ◽  
State Of Israel

The Holocaust maintains a status of inviolability in the Christian religious public sphere and also the mainstream media. The scale, gravity and sheer atrocity of the Holocaust still commands a response. The article argues that questions demanded by the Holocaust of the Christian church and the free world’s passivity in the face of genocide, led to a Christian support for the State of Israel driven by guilt and a sense of moral obligation which side-lined the impact of the State on the Palestinian people. With the Israel-Palestine conflict in its seventh decade, the imperative to overcome the hegemony of Holocaust memory is more urgent than ever. Seventy years after the Holocaust, its legacy in public and theological memory dominates questions of Judaism within the polity and the State of Israel. Two legal cases, which attracted media attention, illustrate how Holocaust memory is evoked in response to questions of Jewish practice in the European polity. Two further examples demonstrate how the pernicious influence of Holocaust memory and rhetoric colour responses to criticism of the State of Israel.

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.

scholarly journals THE IMPACT OF PANDEMIC ON LEGAL SYSTEM: IMPACT ON ARBITRATION LAW

2020 ◽  
Vol 13 (2) ◽  
pp. 137-150
Author(s):  
Huala Adolf
Keyword(s):  
Legal System ◽  
The State ◽  
Judicial System ◽  
Broad Sense ◽  
System A ◽  
Force Majeure ◽  
Settlement Of Dispute ◽  
The Impact ◽  
System Impact

One of the impacts of the outbreak of COVID-19 is the state legal system. Legal system in a broad sense consists of legislation, the state’s legal personnel (executive) and the judicial system. A part of the judicial system is a private settlement of dispute by arbitration. Arbitration is subject to the arbitration law. The COVID-19 has forced the closure of the arbitration proceedings. This is a problem for arbitration. This article tried to analyse the possible solution to the closure of the proceedings. This article used the normative method by analysing the existing arbitration law and arbitration rules. This article argued, although arbitration may not be able to be commenced amid pandemic, that future arbitration law (and amendment of existing arbitration law) should foresee feasible events with a smaller ”pandemic”, i.e., epidemic and other force-majeure related events. This article recommended firstly, the introduction of provision(s), which recognizes virtual arbitration. Secondly, changes of some procedural issues in the arbitration proceedi ngs.

scholarly journals "Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence

2008 ◽  
Vol 39 (1) ◽  
pp. 39
Author(s):  
PG McHugh
Keyword(s):  
New Zealand ◽  
Legal System ◽  
The State ◽  
Political Life ◽  
The Past ◽  
Broad Field ◽  
The Impact ◽  
Court Of Appeal

This article looks at the impact and afterlife of the groundbreaking Maori Council judgments handed down in the late 1980s by the Court of Appeal presided by the late Sir Robin Cooke (as he then was). This article refutes any notion of constitutional relations with Māori being founded on race despite unilateral (and long discarded) legal design tending towards that characterisation. The true pattern has been iwi-based and it has arisen from the continuity of whakapapa in the organization of Maori political life and relations with the state notwithstanding meddlesome but ultimately ineffectual legislative attempts to dilute tribalism. Over the past twenty plus years, the Treaty claims processes initiated in 1985 have accentuated and revitalised that tribalism. Far from licensing judicial interventionism "Treaty principles" are part of an embedded and conservative jurisprudence of Māori affairs. Their elimination from legislation would amputate a major segment of that jurisprudence. The courts, whose profile in this broad field (Treaty claims processes most notably) is mostly a resiling one, would respond by generating their own version. The legacy of Sir Robin Cooke’s court is deep-rooted and thoroughly integrated into the New Zealand legal system.

8. Judaism today

2014 ◽  
Author(s):  
Norman Solomon
Keyword(s):  
20Th Century ◽  
21St Century ◽  
Second World War ◽  
The State ◽  
World War ◽  
Religious Leadership ◽  
Jewish Thought ◽  
The Impact ◽  
State Of Israel ◽  
Second World

No religion has emerged unchanged into the 21st century. Increasing secularization of Western governments has undermined the power of religious leadership and people’s values have changed. Lots of people have abandoned organized religion. ‘Judaism today’ examines the impact of postmodernist thinking in recent times on Judaism. World Jewry has found itself at the centre of two 20th-century events that have affected it in unique ways: the trauma of the Shoah, or Holocaust, and the establishment of the State of Israel. Four areas in which Jewish thought has developed since the Second World War are considered: Zionism, Holocaust theology, God, and Feminism.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

scholarly journals Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

2020 ◽  
Vol 29 (3) ◽  
pp. 101
Author(s):  
István Hoffman
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Judicial Review ◽  
Paradigm Shift ◽  
Administrative Law ◽  
The State ◽  
The Rule Of Law ◽  
Legal Remedies ◽  
Review Model ◽  
The Impact

<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.</p>

Scots Law and Scottish Identity: A Legendary Tale

2018 ◽  
Vol 27 (1) ◽  
pp. 73-81
Author(s):  
Michael P. Clancy
Keyword(s):  
Legal System ◽  
The State ◽  
Scottish Parliament ◽  
The Impact ◽  
The Eu

The Treaty of Union 1707 between Scotland and England and the respective implementing legislation in each Kingdom contained provisions which today we might describe as ‘opt-outs’. These opt-outs from incorporating Union preserved aspects of the Scottish legal system which, along with the Presbyterian religion and the system of education, helped to ensure that Scottish identity was supported by some of the most powerful aspects of the state. This essay will examine some of the provisions of the Treaty, analyse aspects of the legal system and law that persisted after the Union, comment on the extent to which 310 years of the Union with England influenced that law, reflect on membership of the EU and the harmonization which it brought to the legal system and consider the impact of the Scottish Parliament on that law and legal system.

The Land and Petroleum Laws of Mexico

1928 ◽  
Vol 22 (1) ◽  
pp. 50-69
Author(s):  
John P. Bullington
Keyword(s):  
Legal System ◽  
The State ◽  
Roman Law ◽  
Considerable Evidence ◽  
The Earth ◽  
Legal Nature ◽  
The Subject

The legal nature of property in mines has been the subject of much discussion, and varies, not only with the different systems of law, but also in different countries accepting the same legal system. In Roman law, the owner of the soil was theoretically considered to own all beneath the surface to the center of the earth, and all above it to the heavens, though there is considerable evidence that at one period of the Roman law the property in mines was separate from that of the surface. It is fairly certain, too, that the State was deemed to have an interest in mines and entitled to a portion of the profits.

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