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.
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