Constitutional Law

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

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.

The Israeli Supreme Court on Military Demolition of Palestinian Homes

Over the past three months, the Israeli Supreme Court has been called upon in at least three cases to revisit the issue of military demolition of the homes of Palestinians who have committed (or are suspected of having committed) acts of terror against Israelis. While the Court has declined to reconsider the constitutionality of home demolitions, in two of these cases Justices Vogelman and Mazuz have expressed concern about this measure, with Justice Mazuz calling on the Court to re-examine home demolitions as the relevant jurisprudence dates back at least two decades.

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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