Judicial Review of National Security

Author: David Scharia
Publisher: Oxford University Press USA
ISBN: 9780199393367
Published In: January 2015
Format: Hardback , 296 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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Explains how the Supreme Court of Israel developed a method to review national security and military actions in real-time
Provides a comprehensive overview of the national security jurisprudence of the Supreme Court of Israel from 1995-2013
Offers unique insights on the way the Supreme Court of Israel operates, and on the way inter-branch dialogue is conducted
Renders a thorough analysis of how the jurisprudence of the Supreme Court of Israel decisions affect security services in Israel
An extensive bibliography is provided to facilitate further research and analysis

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.

Readership: Professors of law and political science; scholars and students of human rights and humanitarian law, especially concerning Israel's compliance with international law.

Introduction
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
Bibliography
Index

David Scharia is a Senior Legal Officer and the Coordinator of the Legal and Criminal Justice Group at the United Nations Security Council's Counter Terrorism Committee Executive Directorate (CTED), where he leads the group, strategizes its activities, and develops counter terrorism legal policy. Before joining the United Nations, Dr. Scharia was a First Senior Deputy at the Supreme Court division in the Attorney General office in Israel, where he was the lead attorney in major counter-terrorism cases. He also served as the representative of the Attorney General's office to the Law and Constitution Committee of the Israel Knesset in connection with preparation of counterterrorism legislation. Dr. Scharia is also on the international advisory board of several leading research institutions including the International Institute for Counter-Terrorism, the Research Institute for European and American Studies, and the Global Forum for Counter Radicalization.