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Vol 21 No 9 Sept/Oct 2016

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Judicial Review of National Security

ISBN13: 9780199393367
Published: January 2015
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £59.00

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In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review.

In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time.

In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

Other Jurisdictions , Israel
Chapter One: Decisions Made in Real Time
Chapter Two: What we know about advisory dialogue and courts
Chapter Three: Judicial Review in Real Time - Use of Interim Decisions
Chapter Four: Supreme Court Practice and Dialogue
Chapter Five: Deviating from the Rules of the Game
Chapter Six: Recommendations
Chapter Seven: Signaling in judgments
Chapter Eight: Dialogue on Policy Application - I
Chapter Nine: Dialogue on Policy Application - II
Chapter Ten: Dialogue With Military Authorities
Chapter Eleven: Dialogue With the Attorney General office
Chapter Twelve: Dialogue With Petitioners And Human Rights Organizations
Invitations to override
Chapter Thirteen: Dialogue with Victims of Terrorism, Families of Soldieries and Bereaved Families
Chapter Fourteen: Features of Inter-Branch Dialogue in National Security Cases in Israel
Chapter Fifteen: Judicial Review in Real Time
Chapter Sixteen: Benefits of the Use of Advisory Dialogue
Chapter Seventeen: The Use of Advisory Dialogue - Disadvantages and Risks
Chapter Eighteen: Conclusion - Judicial Review and national security
Appendix A
Judicial panels in judgments where fundamental decisions constituting precedents against the state were given
Appendix B
Dates of Principal Rulings Comprising Precedents Against the State, in View of the Number of Israelis Injured in Terrorist Attacks 1996-2005