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Judicial Review of National Security
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Judicial Review of National Security (Hardback)

£68.00
Usually despatched within 2 weeks.

Synopsis

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.

History & PoliticsMilitary StudiesIntelligence, Strategy & tacticsLawInternational lawInternational law of transport, communications & commerceInternational communications & telecommunications lawLawInternational lawInternational law of transport, communications & commerceInternational maritime lawLawInternational lawInternational law of transport, communications & commerceInternational space & aerospace lawLawInternational lawInternational law of transport, communications & commerceTransnational commercial lawLawInternational lawInternational law reportsLawInternational lawPrivate international law & conflict of lawsLawInternational lawPublic international lawDiplomatic lawLawInternational lawPublic international lawInternational criminal lawLawInternational lawPublic international lawInternational economic & trade lawLawInternational lawPublic international lawInternational environmental lawLawInternational lawPublic international lawInternational human rights lawLawInternational lawPublic international lawInternational humanitarian lawLawInternational lawPublic international lawInternational law of territory & statehoodLawInternational lawPublic international lawInternational organisations & institutionsLawInternational lawPublic international lawJurisdiction & immunitiesLawInternational lawPublic international lawLaw of the seaLawInternational lawPublic international lawTreaties & other sources of international lawLawInternational lawSettlement of international disputesInternational arbitrationLawInternational lawSettlement of international disputesInternational courts & proceduresLawLaw: study & revision guidesLawLaws of Specific jurisdictionsConstitutional & administrative lawJudicial reviewLawLaws of Specific jurisdictionsConstitutional & administrative lawMilitary & defence lawLawLaws of Specific jurisdictionsLegal system: generalCourts & procedure Publisher: Oxford University Press Publication Date: 27/11/2014 ISBN-13: 9780199393367  Details: Type: Hardback Format: Books
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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.

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