Rivka Weill, Professor of Law at the Radzyner Law School, Interdisciplinary Center (IDC), has just posted "The Strategic Commonlaw Court of Aharon Barak and its Aftermath: On Judicially-led Constitutional Revolutions and Democratic Backsliding" (December 5, 2018) on SSRN. Here is the abstract:
Argument Analysis and Review
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.
The Israeli Supreme Court Blog
The Israeli Supreme Court Blog is part of the Benjamin N. Cardozo School of Law’s Israeli Supreme Court Project. It is intended to supplement the English translations of Israeli Supreme Court judgments published by the Project by updating readers on the most recent developments in Israeli law and jurisprudence.
In this issue we present abstracts of four recent cases. While not full translations, the abstracts are presented in some detail in order to provide more than a summary of the basic facts and ratio.
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.
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).
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.
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
*Prepared by Orly Rachmilovitz
Tali Kritzman-Amir (The College of Law and Business [Israel]) (read by Reuven Ziegler):
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.