Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
This book offers a comprehensive study of Israeli constitutional law that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, and structural questions of judicial review.
This book presents a comprehensive theory of legal interpretation which allows all legal texts to be approached in a similar manne, while remaining sensitive to their important differences.
Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
This study analyzes the key functions of arms planning and procurement in the ongoing Israeli defence effort. Part I addresses individual constraints placed on the shaping of arms control policy. Part II asks how Israel might best meet its arms needs over the next decade.
This annual reference provides a statistical study of military trends in the Middle East and a collection of essays analyzing the details and strategic significance of events in the region. This fourth annual volume of the Middle East Military Balance covers the calendar year 1986. Strategic developments in the Middle East, a region of high geostrategic stakes and deep-rooted conflicts, redound vigorously on both regional and global peace and stability.
This annual reference provides a statistical study of military trends in the Middle East and a collection of essays analyzing the details and strategic significance of events in the region. With this edition, The Middle East Military Balance moves to a calendar-year basis. The description and analysis in this volume cover the years 1984 and 1985, and the figures presented are correct as of late 1985. Part I surveys. the major strategic developments in the region during the period under review. Part II presents battle order. information on the armed forces in the region and assesses the capabilities of the major military establishments. Part III analyzes various sub-regional military balances. And Part IV provides updated reference materials - comparative tables, a ·glossary of weaponry, maps and abbreviations.
In this collected volume, Aharon Layish demonstrates that legal documents are an essential source for legal and social history. Since the late nineteenth century, Islamic law has undergone tremendous transformations, some of which have strongly affected the basic features of its nature. The changes include the transformation of Islamic law from a jurists’ law to a statutory law; the abolishment of waqf; the Islamization of tribal customary law; the creation of Sudanese legal methodologies strongly inspired by Ṣūfī and Salafī traditions or Western law, and the emergence of an Israeli version of Islamic law.
This annual reference provides a statistical study of military trends in the Middle East and a collection of essays analyzing the details and strategic significance of events in the region. This edition year's Balance includes a description of the violent civil disturbances in Judea, Samaria and Gaza. This, together with the fact that much additional data and analysis extend into 1988, justified making this the 1987-88 (rather than 1987) edition of the Middle East Military Balance.
Iraq's invasion of Kuwait and the Gulf War had a traumatic effect on the Middle East and its implications were particularly serious for Israel, which felt obliged to reassess its strategic and military perspectives. This is an examination of the lessons that the Gulf War holds for Israel.
It has been taught throughout the world in movies, books, sermons, and seminaries, that if you say a "sinner's prayer" you will receive a free ticket to escape the judgements of the Almighty. By saying this prayer, you get "raptured" up to the sky to be with Messiah on top of the clouds. And by not saying this prayer, you get left behind to face the Antichrist and go through the Great Tribulation. This is when the wrath of the Almighty is cast down upon the earth with the fierceness of His anger, where those left behind are grievously tormented.
The halophilic microorganisms form a highly diverse group of organisms. They present the biochemist/physiologist with interesting questions on the strategies used to cope with high osmotic pressures exerted by hypersaline brines. They often have a strong impact on the ecosystems in which they thrive. The first section of the book presents in-depth discussions of the taxonomy, cellular properties, metabolic diversity, pigments, ion metabolism and organic osmotic solutes, properties of halophilic proteins, genetics, and biotechnological uses of halophilic microorganisms. The second section describes the occurrence and functioning of these organisms in the Great Salt Lake, the Dead Sea, solar saltern ponds, alkaline soda lakes, and other hypersaline environments worldwide. Each chapter contains an extensive list of references. No other book provides in-depth up-to-date coverage of all subjects described. The volume is intended for researchers and students interested in microbial physiology, microbial ecology, environmental sciences, and extremophilic biotechnology.
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