Democracy, Law, and National Security in Israel

Democracy, Law, and National Security in Israel
Author: Menaḥem Hofnung
Publisher: Dartmouth Publishing Company
Total Pages: 352
Release: 1996
Genre: Law
ISBN:

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This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.

Israel's National Security Law

Israel's National Security Law
Author: Amichai Cohen
Publisher: Routledge
Total Pages: 298
Release: 2012-08-06
Genre: History
ISBN: 1136653236

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Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

Security and Defensive Democracy in Israel

Security and Defensive Democracy in Israel
Author: Sharon Weinblum
Publisher: Routledge
Total Pages: 192
Release: 2015-01-30
Genre: History
ISBN: 1317584503

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This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.

National Security and Democracy in Israel

National Security and Democracy in Israel
Author: Avner Yaniv
Publisher: Lynne Rienner Publishers
Total Pages: 274
Release: 1993
Genre: Business & Economics
ISBN: 9781555873943

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Contents.

Free Speech and National Security

Free Speech and National Security
Author: Shimon Shetreet
Publisher: BRILL
Total Pages: 260
Release: 2021-10-18
Genre: Law
ISBN: 9004482148

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Defining Israel

Defining Israel
Author: Simon Rabinovitch
Publisher: Hebrew Union College Press
Total Pages: 428
Release: 2018-11-12
Genre: History
ISBN: 0878201637

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Defining Israel: The Jewish State, Democracy, and the Law is the first book in any language devoted to the controversial passage of Israel's nation-state law. Israel has no constitution, and though it calls itself the Jewish state there is no agreement among Israelis on how that fact should be reflected in the government's laws or by its courts. Since the 1990s a number of civil society groups and legislators have drafted constitutions and proposed Basic Laws with constitutional standing that would clarify what it means for Israel to be a "Jewish and democratic state." Are these bills liberal or chauvinist? Are they a defense of the Knesset or an attack on the independence of the courts? Is their intention democratic or anti-democratic? The fight over the nation-state law-whether to have one and what should be in it-toppled the 19th Knesset's governing coalition and, even after its passage on July 29, 2018, remains a point of contention among Israel's lawmakers and increasingly the Israeli public. Defining Israel brings together influential scholars, journalists, and politicians, observers and participants, opponents and proponents, Jews and Arabs, all debating the merits and meaning of Israel's nation-state law. Together with translations of each draft law, the final law, and other key documents, the essays and sources in Defining Israel are essential to understand the ongoing debate over what it means for Israel to be a Jewish and democratic state.

The Last Days in Israel

The Last Days in Israel
Author: Abraham Diskin
Publisher: Psychology Press
Total Pages: 212
Release: 2003
Genre: Political Science
ISBN: 9780714654218

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This volume examines the challenges and circumstances Israel has faced during the 1990s and addresses both the public's and leadership's singular goal of "peace and security".

Routledge Handbook on Israeli Security

Routledge Handbook on Israeli Security
Author: Stuart A. Cohen
Publisher: Routledge
Total Pages: 434
Release: 2018-10-17
Genre: Political Science
ISBN: 1351676377

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The Routledge Handbook on Israeli Security provides an authoritative survey of both the historical roots of Israel’s national security concerns and their principal contemporary expressions. Following an introduction setting out its central themes, the Handbook comprises 27 independent chapters, all written by experts in their fields, several of whom possess first-hand diplomatic and/or military experience at senior levels. An especially noteworthy feature of this volume is the space allotted to analyses of the impact of security challenges not just on Israel’s diplomatic and military postures (nuclear as well as conventional) but also on its cultural life and societal behavior. Specifically, it aims to fulfill three principal needs. The first is to illustrate the dynamic nature of Israel's security concerns and the ways in which they have evolved in response to changes in the country's diplomatic and geo-strategic environment, changes that have been further fueled by technological, economic and demographic transformations; Second, the book aims to examine how the evolving character of Israel's security challenges has generated multiple – and sometimes conflicting – interpretations of the very concept of "security", resulting in a series of dialogues both within Israeli society and between Israelis and their friends and allies abroad; Finally, it also discusses how areas of private and public life elsewhere considered inherently "civilian" and unrelated to security, such as artistic and cultural institutions, nevertheless do mirror the broader legal, economic and cultural consequences of this Israeli preoccupation with national security. This comprehensive and up-to-date collection of studies provides an authoritative and interdisciplinary guide to both the dynamism of Israel’s security dilemmas and to their multiple impacts on Israeli society. In addition to its insights and appeal for all people and countries forced to address the security issue in today’s world, this Handbook is a valuable resource for upper-level undergraduates and researchers with an interest in the Middle East and Israeli politics, international relations and security studies.

Israeli Constitutional Law in the Making

Israeli Constitutional Law in the Making
Author: Gideon Sapir
Publisher: A&C Black
Total Pages: 1030
Release: 2014-07-18
Genre: Law
ISBN: 1782251855

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In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state. Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.