Role of government’s legal adviser in curbing corruption in Israel

2019 ◽  
Vol 26 (1) ◽  
pp. 195-202
Author(s):  
Denis Primakov
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Political Corruption ◽  
Judicial Activism ◽  
Legal Institutions ◽  
Content Type ◽  
The Supreme Court ◽  
Legal Adviser ◽  
The Status

Purpose The status of government’s legal adviser in Israel is complicated and controversial. This status deeply impacts discretion and independence, especially in the role of combating corruption. This article aims to review the status, power and independence of the government’s legal adviser and his/her interaction with other legal institutions dealing with corruption cases. Design/methodology/approach The author argues that the period of the 1980s, in Israel, was characterized by prosecution’s activism because of the dramatically increased number of corruption-related cases. Findings Prominent government legal advisers formulated approaches to the struggle against political corruption in Israel; upon becoming justices of the supreme court, they successfully transited their prosecution mindset to judicial activism (and not only for corruption-related cases). Originality/value This article discovers a linkage between prosecution and judicial positions, not under the Israeli legislation but based on personal willingness to combat corruption.

The jurisprudence of elimination: starvation and force-feeding of Palestinians in Israel's highest court

2021 ◽  
pp. 1-19
Author(s):  
M.T. Samuel
Keyword(s):  
Supreme Court ◽  
Settler Colonialism ◽  
Theoretical Framework ◽  
Legal Institutions ◽  
The Supreme Court ◽  
Force Feeding ◽  
Palestinian Population

Abstract This paper assesses the functioning of law and legal institutions in Palestine/Israel through the lens of settler colonialism by analysing two thematically interconnected decisions issued by the Supreme Court of Israel, the first involving the starvation of besieged Palestinian civilians and the second involving the force-feeding of Palestinian prisoners. Following a discussion regarding the role of law in settler colonialism, it proceeds to argue that the Court enabled, legitimised and legalised state-sanctioned violence that targeted the native Palestinian population by and through a jurisprudence of elimination in order to facilitate the attainment of Israeli settler-colonial objectives. By so doing, the paper provides further evidence in support of the appropriateness of settler colonialism as a theoretical framework for the case of Israel, including in legal matters.

The King Reports and the common law in South Africa

2020 ◽  
Vol 11 (2) ◽  
pp. 167-172
Author(s):  
J. Michael Judin
Keyword(s):  
South Africa ◽  
Design Methodology ◽  
Common Law ◽  
Bill Of Rights ◽  
Content Type ◽  
The Supreme Court ◽  
Task Team ◽  
The Common ◽  
Court Of Appeal

Purpose This paper aims to discuss the King Reports and Codes and the development of South Africa’s common law. The role of developing the common law is explicitly recognised in the Constitution, as is the obligation to give effect to the spirit, purport and objects of the Bill of Rights. With decisions of the Supreme Court of Appeal being based on the King Code, the King Code is now an integral part of South Africa’s common law. Design/methodology/approach When the task team drafting King IV commenced their work, one of the important issues raised with Mervyn King, as Chairman, was the challenge to ensure that King IV was aligned to the now firmly entrenched common law principles taken from King I, King II and King III. It is believed that this has been achieved and it is hoped that King IV (and the subsequent King Reports that will inevitably follow because the corporate milieu keeps changing) continues to enrich South Africa’s common law. Findings The King Reports and Codes have been made part of South Africa’s common law. Originality/value This paper fulfils an identified need to study the King Report and Code, as it relates to South Africa’s common law.

Waking ourselves up! Re-examining the role of OD practitioners – a challenger perspective

2014 ◽  
Vol 46 (4) ◽  
pp. 182-187
Author(s):  
Clare Southall
Keyword(s):  
Paradigm Shift ◽  
Design Methodology ◽  
Status Quo ◽  
Content Type ◽  
Academic Paper ◽  
The Status ◽  
The Many ◽  
Changing Role

Purpose – The purpose of this paper is to explore the changing role of OD practitioners. Given the many significant challenges faced by organisations and their leaders, never has the role of OD been more important; it is vital that OD practitioners are able to identify the paradigm shift that is required if they are to provide the relevant challenge and support that organisations and leaders need. Design/methodology/approach – The OD role is explored through the Challenger pattern of behaviour known as Witnessing the Establishment – the ability, and the willingness, to see things as they really are, not as we wish them to be. The authors are often so much a part of the organisational system ourselves that the underpinning assumptions, beliefs, routines and rituals that exist are so transparent we can not see them for what they are. Findings – This paper focuses on one of the six patterns of behaviour identified in Challenger leaders in the book “Challenger Spirit: Organisations that disturb the status quo” by Khurshed Dehnugara and Claire Genkai Breeze, LID Publishing, 2011. Research limitations/implications – This is not an academic paper but instead a consultant/practitioner perspective grounded in day-to-day work with leaders and OD professionals in client organisations. Originality/value – A number of suggestions are given for applying the perspectives discussed, through a series of questions, diagnostic processes and models. These are directly applicable to OD practitioners themselves and can also form the basis of further conversations with the leaders and colleagues.

scholarly journals Ahani v. Canada: A Persuasive Dialogue within the Courts

Refuge ◽  
2003 ◽  
pp. 120-129
Author(s):  
Adrian Di Giovanni
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Canadian Law ◽  
The Supreme Court ◽  
The Status ◽  
Peremptory Norms

This paper is a comment on Ahani v. Canada (OCA). Canadian courts are presently involved in a dialogue over the role of international law domestically. The courts’ own grappling with various norms of international law, however, has helped to clarify and reinforce the status of these norms. In Baker v. Canada, the Supreme Court gave a new prominence to the “persuasive approach” of applying international law. Ahani demonstrates that while the persuasive approach has begun to be internalized into Canadian law, the courts are still at odds with how persuasive international law should be. To complicate this account, the Supreme Court’s discussion in Suresh of peremptory norms of international law demonstrates that an over-emphasis on the “persuasive” approach can in fact weaken the role of international law domestically. At the same time, the dialogue within the courts is linked to a much more general dialogue. The importance of cases such as Ahani ultimately stretches beyond the domestic context.

Part 3 Institutional Control of Constitutionalism, 3.5 The Last Defender of Constitutional Reason? Pakistan’s Embattled Supreme Court

2012 ◽  
Author(s):  
Khan Hamid
Keyword(s):  
Supreme Court ◽  
Political History ◽  
Status Quo ◽  
Political Environment ◽  
Judicial Activism ◽  
Institutional Control ◽  
Chief Justice ◽  
The Supreme Court ◽  
The Status ◽  
History Of

This chapter begins with a brief overview of the constitutional and political history of Pakistan. It then discusses how the judiciary in general, and the Supreme Court in particular, had to function in a difficult and complex constitutional and political environment during the last sixty years. It details acts of judicial activism; efforts of lawyers throughout Pakistan to restore the status quo in the judiciary as it had existed on November 2, 2007; and the challenges faced by the restored Chief Justice and the Supreme Court.

The “by right” defence in village green registration

2015 ◽  
Vol 7 (2) ◽  
pp. 96-110
Author(s):  
Natalie Pratt
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Current Problem ◽  
Property Law ◽  
Content Type ◽  
The Past ◽  
The Supreme Court ◽  
The Law ◽  
Conceptual Underpinning

Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test. Originality/value – The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

Common law environmental protection: the future of private nuisance, Part II

2014 ◽  
Vol 6 (1/2) ◽  
pp. 106-128
Author(s):  
Robert Charles Palmer
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Common Law ◽  
Strict Liability ◽  
Regulatory Regime ◽  
Research Approach ◽  
Content Type ◽  
The Supreme Court ◽  
Nuisance Law

Purpose – This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues. Design/methodology/approach – The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary. Findings – Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection. Research limitations/implications – Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime. Originality/value – This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

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