Judicial Review of National Security

Hardcover | November 12, 2014

byDavid Scharia

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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 hadan 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 dominantrole 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 nationalsecurity in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

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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 hadan enormous effect on human rights, rule of...

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....
Format:HardcoverDimensions:288 pages, 9.25 × 6.12 × 0.98 inPublished:November 12, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199393362

ISBN - 13:9780199393367

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Table of Contents

Introduction1. Decisions Made in Real Time2. What we know about advisory dialogue and courts3. Judicial Review in Real Time - Use of Interim Decisions4. Supreme Court Practice and Dialogue5. Deviating from the Rules of the Game6. Recommendations7. Signaling in judgments8. Dialogue on Policy Application - I9. Dialogue on Policy Application - II10. Dialogue With Military Authorities11. Dialogue With the Attorney General office12. Dialogue With Petitioners And Human Rights Organizations Invitations to override13. Dialogue with Victims of Terrorism, Families of Soldieries and Bereaved Families14. Features of Inter-Branch Dialogue in National Security Cases in Israel15. Judicial Review in Real Time16. Benefits of the Use of Advisory Dialogue17. The Use of Advisory Dialogue - Disadvantages and Risks18. Conclusion - Judicial Review and national securityAppendix A: Judicial panels in judgments where fundamental decisions constituting precedents against the state were givenAppendix B: Dates of Principal Rulings Comprising Precedents Against the State, in View of the Number of Israelis Injured in Terrorist Attacks 1996-2005BibliographyIndex