Constitutional Law

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.

In the Land of Hidden Legislative Aims: HCJ 8665/14 (detention of asylum-seekers in Israel- round 3)

On 11 August 2015 the Israeli Supreme Court sitting as High Court of Justice delivered its awaited decision in HCJ 8665/14 Desete v Minister of Interior et al (Hebrew). A panel of nine justices chaired by President Miriam Naor heard the petition, which challenged the constitutionality of the December 2014 ‘Law for the Prevention of Infiltration and for Ensuring the Departure of Infiltrators from Israel (Legislative and temporary provisions)’ (referred to as “Amendment No.

Remarks by Deputy President Emeritus Eliezer Rivlin at a Conference Marking the Retirement of President Asher Grunis

Remarks at a Conference Marking the Retirement of President Grunis

Deputy President Emeritus Eliezer Rivlin

June 21, 2015

Translated by Orly Rachmilovitz

 

In an event held in a Supreme Court courtroom upon the retirement of President Dorit Beinisch and the beginning of the Justice Asher Grunis’ term as President, I congratulated them both and expressed my confidence that President Grunis would safely sail the Court through troubled waters to a safe haven.

"Judicial Oversight of National Security and Intelligence Gathering"-- a synopsis of presentations from panel three of the ISCP's inaugural conference

Judicial Oversight of National Security and Intelligence Gathering-- a synopsis of presentations from panel three of the ISCP's inaugural conference, Constitutional Conflicts and the Judicial Role in Comparative Perspective 

*Prepared by Orly Rachmilovitz

Oren Gross (The University of Minnesota Law School):

"The Role of the Judiciary in Comparative Perspective"-- a synopsis of presentations from panel two of the ISCP's inaugural conference

The Role of the Judiciary in Comparative Perspective: A Synopsis of Presentations from Panel Two of the ISCP's inaugural conference, Constitutional Conflicts and the Judicial Role in Comparative Perspective 

*Prepared by Orly Rachmilovitz

"The Comparative Project"-- a synopsis of presentations from panel one of the ISCP's inaugural conference

The Comparative Project: A Synopsis of Presentations from Panel One of the ISCP's inaugural conference, Constitutional Conflicts and the Judicial Role in Comparative Perspective

*Prepared by Orly Rachmilovitz

William Ewald (University of Pennsylvania School of Law)

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