Argument Analysis and Review

Recent Developments in Israeli Law

The Israeli Supreme Court Blog

This issue of the Israeli Supreme Court Blog presents summaries of the recent decisions in LAA 7216/18 Lara Alqasem v. Ministry of the Interior and LCA 5860/16 Facebook v. Ben Hamu, as well as links to the Decisions of the IDF Military Advocate General Regarding Exceptional Incidents During Operation “Protective Edge” and two critiques of the decisions, and abstracts of two recent articles in the Israel Law Review.

Avinoam Sharon

The Deri Appointment: Further Hearing Rules with Bite, Anti-Corruption Rhetoric without Teeth

One of the unique functions of the Israeli Supreme Court is to conduct a “further hearing” – an additional round of adjudication of a case which is not considered an appeal but is usually held, at the Court’s permission, when all other possible proceedings have been exhausted. A recent decision rejecting leave to file a further hearing petition crisply explains when a further hearing may be held but raises questions as to the Court’s role in preventing corruption in government and administrative bodies.

On Reproduction, Citizenship, and the Exclusion of Same-Sex Couples

In HCJ 5771/12 Moshe v. The Committee for Approval of Agreements for Carrying Fetuses, the Israeli Supreme Court decided a petition regarding the parenting rights of a lesbian couple who asked the Court to compel the Ministry of Health or a committee on its behalf which considers exceptional cases (the Exceptions Committee) to allow them to have a child using assisted reproductive technologies (ART).

Inaccessible Motherhood: The Normative Void Regarding Reproductive Policies for Persons with Disabilities

Disability Legal Studies is a relatively new field. It seeks to apply the perspectives of Disability Studies to law and examines the role that legal institutions play in the social construction of disability. Looking at the case of Ora Mor Yosef, a Jewish-Israeli woman living with muscular dystrophy (CA 11184/14 CA, Anonymous v.

Palestinian Property Rights in the Shadow of Occupation

There are at least three contexts in which the Court has grappled with Palestinians’ property rights and to which it has recently devoted attention: home demolitions, absentee properties, and the legality of settlements. As the Court notes, the legality of all of these practices is questionable under international law and possibly under Israeli law, yet they continue to be implemented by the Israeli Government. Some of these practices predate Basic Law: Human Dignity and Liberty, so they cannot be struck down as unconstitutional.

"Immigration, Asylum, and the Treatment and Status of Refugees" -- a synopsis of presentations from panel four of the ISCP's inaugural conference

“Immigration, Asylum and the Treatment and Status of Refugees”—A Synopsis of Presentations from Panel Four of the ISCP’s inaugural conference

*Prepared by Orly Rachmilovitz

 

Tali Kritzman-Amir (The College of Law and Business [Israel]) (read by Reuven Ziegler):

Supreme Court Rules in Favor of Transgender Woman’s Right to be Cremated Against the Wishes of Her Religious Family

A recent decision by the Israeli Supreme Court (CA 7918/15, Jane Doe v. Gal Friedman, November 24, 2015, available in translation here), in which the Court was called upon to determine whether a body could be cremated against the family’s wishes, affirmed one’s rights in death, but can also be seen as a vindication of identity rights.

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