אחת הסיבות להצטמקותו של מעמד הביניים בישראל אי אי הנגישות למערכת המשפט האזרחית. אגרות גבוהות, מחד גיסא, ועומס שיפוטי רב יחד עם תקצוב נמוך הביאו לכך שזכויות אינן בנות אכיפה בישראל. מעמד הביניים הוא הנפגע העיקרי מכך.
... ИНФОРМАЦИЯ О ПУБЛИКАЦИИ. Название публикации, THE CHALLENGE OF JUDICIAL INDEPENDENCE IN THE TWENTY-FIRST CENTURY. Авторы, Shimon Shetreet Hebrew University of Jerusalem. Журнал, Asia Pacific Law Review. ...
I. INTRODUCTION THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and... more
I. INTRODUCTION THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and generally maintain an elevated social ...
DEVELOPMENTS IN CONSTITUTIONAL LAW: SELECTED TOPICS Shimon Shetreet* Foreword I. Developments in the Status of the Judicial System in Israel and in its Constitutional Protection A. Judicial Independence: Clarification of Concepts B. The... more
DEVELOPMENTS IN CONSTITUTIONAL LAW: SELECTED TOPICS Shimon Shetreet* Foreword I. Developments in the Status of the Judicial System in Israel and in its Constitutional Protection A. Judicial Independence: Clarification of Concepts B. The Constitutional Safeguards of ...
REFLECTIONS ON THE PROTECTION OF THE RIGHTS OF THE INDIVIDUAL: FORM AND SUBSTANCE By Shimon Shetreet* 1. The Rule of Law 2. Statutory Interpretation in Favour of the Individual 3. Judicial Legislation to Protect Individual Rights 4. Law... more
REFLECTIONS ON THE PROTECTION OF THE RIGHTS OF THE INDIVIDUAL: FORM AND SUBSTANCE By Shimon Shetreet* 1. The Rule of Law 2. Statutory Interpretation in Favour of the Individual 3. Judicial Legislation to Protect Individual Rights 4. Law and Social Norms 5. The Effect ...
CUSTOM IN PUBLIC LAW Shimon Shetreet* This article is based on a study on custom in public law conducted some years ago due to the welcome initiative of Prof. G. Tedeschi. Like many others, I too responded to his irresistible powers of... more
CUSTOM IN PUBLIC LAW Shimon Shetreet* This article is based on a study on custom in public law conducted some years ago due to the welcome initiative of Prof. G. Tedeschi. Like many others, I too responded to his irresistible powers of persuasion, to conduct a study on ...
A Ithough the traditional view of the independence of the judiciary in England is widely-held, English judges have not escaped the criticism that they are too executive-minded. In order to understand both views, it may be useful to... more
A Ithough the traditional view of the independence of the judiciary in England is widely-held, English judges have not escaped the criticism that they are too executive-minded. In order to understand both views, it may be useful to juxtapose the two theories of the rela-tionship ...
A research project I conducted for the Floersheimer Institute for Policy Studies involved an evaluation of activities of the three branches of Government that were related to religious issues: legislation by the Legislature [Knesset],... more
A research project I conducted for the Floersheimer Institute for Policy Studies involved an evaluation of activities of the three branches of Government that were related to religious issues: legislation by the Legislature [Knesset], adjudication by the Judiciary, and implementation and ...
... | Ayuda. The Relationship between Religion and State from a Jewish viewpoint in comparative Perspectives: selected issues. Autores: Shimon Shetreet; Localización: Periodica de re canonica, ISSN 0031-529X, Vol. 96, Nº. 3-4, 2007 ,... more
... | Ayuda. The Relationship between Religion and State from a Jewish viewpoint in comparative Perspectives: selected issues. Autores: Shimon Shetreet; Localización: Periodica de re canonica, ISSN 0031-529X, Vol. 96, Nº. 3-4, 2007 , pags. 589-617. ...
Page 1. The Model of State and Church Relations and Its Impact on the Protection of Freedom of Conscience and Religion: A Comparative Analysis and a Case Study of Israel Shimon Shetreet I. Introduction: The Religion-State Relationship and... more
Page 1. The Model of State and Church Relations and Its Impact on the Protection of Freedom of Conscience and Religion: A Comparative Analysis and a Case Study of Israel Shimon Shetreet I. Introduction: The Religion-State Relationship and Freedom of Religion ...
LEXISNEXIS SUMMARY: ... In recent decades the third phase of judicial independence has come into play in the United Kingdom, as the country has been significantly influenced by judicial independence principles developed by international... more
LEXISNEXIS SUMMARY: ... In recent decades the third phase of judicial independence has come into play in the United Kingdom, as the country has been significantly influenced by judicial independence principles developed by international human rights constitutional documents. ... Civil law ...
... 9 Stefan Theil, Tolerating Intolerance: Germany Debates the Headscarf and Finds It Un-German, AM. ... 22 Laura Laubeová, The Fiction of Ethnic Homogeneity: Minorities in the Czech Republic, in DIVERSITY IN ACTION PART II 135, 140147... more
... 9 Stefan Theil, Tolerating Intolerance: Germany Debates the Headscarf and Finds It Un-German, AM. ... 22 Laura Laubeová, The Fiction of Ethnic Homogeneity: Minorities in the Czech Republic, in DIVERSITY IN ACTION PART II 135, 140147 (Anna Maria Biro & Petra Kovacs eds ...
I. INTRODUCTION THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and... more
I. INTRODUCTION THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and generally maintain an elevated social ...
A research project I conducted for the Floersheimer Institute for Policy Studies involved an evaluation of activities of the three branches of Government that were related to religious issues: legislation by the Legislature [Knesset],... more
A research project I conducted for the Floersheimer Institute for Policy Studies involved an evaluation of activities of the three branches of Government that were related to religious issues: legislation by the Legislature [Knesset], adjudication by the Judiciary, and implementation and ...
THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and generally maintain an... more
THE judiciary plays a significant role in Israeli society. Indeed, the judicial role in the system of government has increased over the years. The judges enjoy public confidence, are highly regarded in society, and generally maintain an elevated social status. The moral authority of the judiciary has recently been illustrated by the judicial inquiry into the Beirut events of 1982. Following the Kahan Commission Report, the government felt compelled to implement the extremely embarrassing recommendations of the Commission Report even though in law they were not binding on the government. The judiciary cannot properly exercise its functions independently and impartially without adequate safeguards for its independence. The purpose of this article is to analyse the concepts of judicial independence in Israeli law. This includes an analysis of the terms of judicial office, the security of judicial tenure, and the role of the executive in the administration of justice. The opening sections of the article will examine developments in the role of the courts in Israeli society and the constitutional position of the judiciary. No social institution can operate without being answerable to society. The judiciary too must be held accountable. Considerable attention will be paid to analysis of the forms of judicial accountability in Israel.
