Judicial Review of National Security (Terrorism and Global Justice Series): Scharia, David: 9780199393367: Amazon.com: Books

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Judicial Review of National Security (Terrorism and Global Justice Series) 1st Edition

by David Scharia (Author)

5.0 2 ratings

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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. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge?

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.

ISBN-10

0199393362
ISBN-13

978-0199393367
Edition

1st
Publisher

Oxford University Press
Publication date

November 27, 2014
Language

English
Dimensions

9.3 x 1.1 x 6.3 inches
Print length

278 pages
See all details

Editorial Reviews

Review

"Most observers of national security programs and military actions recognize that executive leaders and military commanders at times have taken actions that harm human rights or exceed legal authorities. If courts have a say in such matters at all, judges' opinions often come too late to redress the wrongs that have occurred. In Judicial Review of National Security, David Scharia elegantly presents the experience of judicial review from modern Israel, where in many instances real-time judicial review has managed to temper the government's national security actions, benefiting human rights and the rule of law. The lessons Scharia deftly draws from Israeli history may inspire those hoping to bring judicial review values to other cultures." -William C. Banks, Director, Institute for National Security and Counterterrorism, Board of Advisors Distinguished Professor, Syracuse University College of Law

"Judicial Review of National Security challenges the conventional wisdom that courts cannot review national security measures in times of crisis. David Scharia persuasively demonstrates how one court, Israel's Supreme Court, has done just that -- again and again. This book will forever change the debate about courts and national security." -David Cole, Hon. George J. Mitchell Professor in Law and Public Policy, Georgetown University Law Center

"David Scharia's book is an important contribution on a difficult subject - judicial review of executive action on the most acute questions of national security and the rule of law. His examination of the practice and jurisprudence of the Israeli Supreme Court shines a light on its activist approach, not free from controversy and debate, but an exemplar of judicial engagement and real-time adjudication on pressing issues that reach to the heart of Israel's democracy and governance. This book makes that practice and jurisprudence more accessible and gives us a lens through which to view and assess it." -Sir Daniel Bethlehem QC, Barrister, London, Formerly, principal Legal Adviser of the UK Foreign & Commonwealth Office

"Judicial Review of National Security is Scharia's in-depth study of, as the title says, judicial review of national security - specifically with respect to Israel and its court system, however, and not on a broader or comparative basis. It is a thorough, polished study - very well written and organized" --LAWFARE

Book Description

Explains how the Supreme Court of Israel developed a method to review national security and military actions in real-time.

Product details

Publisher ‏ : ‎ Oxford University Press; 1st edition (November 27, 2014)
Language ‏ : ‎ English
Hardcover ‏ : ‎ 278 pages
ISBN-10 ‏ : ‎ 0199393362
ISBN-13 ‏ : ‎ 978-0199393367
Item Weight ‏ : ‎ 1.15 pounds
Dimensions ‏ : ‎ 9.3 x 1.1 x 6.3 inches

Best Sellers Rank: #6,233,308 in Books (See Top 100 in Books)
- #1,989 in Courts & Law
- #5,266 in Foreign & International Law
- #5,666 in Human Rights Law (Books)

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5.0 2 ratings

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the unique role of Israel's supreme court

Reviewed in the United States on June 11, 2018

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if you're interested in international law, this is a great book that explains the challenges and role of Israel's supreme court where decisions are sometimes made quickly, in order to keep up with fast moving and breaking events on the ground. The author is a world-renowned expert on the topic. the supreme court in Israel also uses a unique mechanism to deal with these fast moving events - to weigh in - without always hammering home and forcing an opinion on a country that faces unique security threats, daily. it was really interesting, and filled with real life examples and case studies. many of the instances used in the book are events that any student of Israel, the Middle East or global events would surely remember.

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