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Foundations of civil and political rights in Israel and the occupied territories (Paperback)
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Foundations of civil and political rights in Israel and the occupied territories (Paperback)
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Doctoral Thesis / Dissertation from the year 2001 in the subject
Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut,
University of Vienna, 321 entries in the bibliography, language:
English, comment: books and articles: 321 table of cases: 435 table
of legislation and legal materials: 287 documents / press relations
/ reports: 196, abstract: This work intends to show how civil and
political rights in Israel and the Occupied Territories are
regulated, which normative standards and spiritual sources nourish
them, and how written and unwritten principles are applied and
interpreted by the Supreme Court of Israel in pursuance of its
self-imposed duty to safeguard the individual's rights and
freedoms. The legal system of Israel reflects unresolved conflicts,
ambiguities of the state and difficulties connected with the
process of nation-building as well as dilemmas concerning the
ethnic and cultural identity of the population. From 1517 until
1917 Palestine was ruled by the Turks as part of the Ottoman
Empire. In 1917 British troops conquered the territory and in 1922
the League of Nations granted to Great Britain the Mandate over
Palestine. Following the establishment of the state of Israel in
Palestine on 14 May 1948 a large number of British mandatory
legislation was absorbed into Israel's legal system. This had and
still has far-reaching, restrictive implications for the areas of
administrative law and the field of human rights and freedoms. The
British mandatory legislation includes security legislation - such
as the Defence (Emergency) Regulations, 1945 - which empowers
military commanders as well as the entirely executive branch of the
government to impose severe restrictions on fundamental rights and
freedoms. Despite the enactment of two basic laws on human rights
in 1992 many areas, such as personal freedom, freedom of speech and
the right of association and assembly are still regulated mainly by
British colonial legislation that wa
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