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 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.
Based on a presentation by Professor Mark Kende at the ISCP's June 2016 conference, Between Europe and the United States: The Israeli Supreme Court in Comparative Perspective
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.
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.
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.
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, 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, Constitutional Conflicts and the Judicial Role in Comparative Perspective
*Prepared by Orly Rachmilovitz
