ה א ו נ י ב ר ס י ט ה ה ע ב ר י ת ב י ר ו ש ל י ם T H E H E B R E W U N I V E R S I T Y O F J E R U S A L E M Rothberg International School Department of Summer Courses and Special Programs ביה"ס לתלמידים מחו"ל ע"ש רוטברג Mishpatim: Israeli and International Law (SPLW401-84790) Dr. Daniel Ohana E-mail: Daniel.Ohana@mail.huji.ac.il Phone: 052-5410673 Office hours: by appointment January 11 January 29, 2015 60 Academic Hours, 4 Academic Credits המחלקה לקורסי קיץ ותוכניות מיוחדות TENTATIVE SEMINAR SYLLABUS Seminar Description and Objectives The three-week seminar aims to provide Australian students with an overview of the contemporary Israeli legal system, while enabling them to explore the major challenges it has grappled with in recent years. The first week of the seminar will include introductory classes designed to impart knowledge of the basic concepts and institutional framework of Israeli law and government. Classes during the remainder of the seminar will focus on more specific areas of Israeli law. They will feature guest lectures by leading academics and experienced practitioners, who will provide students with information on the latest developments in their fields of expertise. In the course of the program, students will also participate in field trips to sites such as the Supreme Court of Israel and the Knesset (the Israeli Parliament).
Assessment Students are required to take a four-hour exam at the end of the seminar. The grade for the seminar will be determined on the basis of the final exam only. Some graduate (JD or LLM) students may be required to write an essay (7,500 10,000 words) instead of, or in addition to, the exam in order to receive accreditation from their university or college for participation in the seminar. Students within this category are expected to notify the instructor at the beginning of the seminar of the requirements that apply to them. The essay may be written following the completion of the seminar, and students will be expected to submit it to the instructor by e-mail following their return to Australia. The topic of the essay will be selected in agreement with the instructor from a list of proposed subjects pertaining to Israeli law and related to the material taught in the seminar. Evaluation of the essay will be based on the following criteria: thoroughness of research; presentation and organization (including references and a bibliography); quality and style of writing; and the strength of the presented argument, including demonstrated comprehension of pertinent materials, clarity of reasoning, and the originality of the ideas developed in the paper. Class attendance and participation in field trips is mandatory. Students who do not regularly attend class will not receive credit for the course. Readings The seminar is conducted exclusively in English; proficiency in spoken or written Hebrew is not a prerequisite for participation in the program. Israeli statutes and Supreme Court decisions relevant to the Israeli legal texts and judicial decisions discussed in class are often available online in English translation. The list of scholarly articles compiled for the seminar summarizes, in English, leading court cases and legal doctrines. An online site administered by the International Rothberg School is available to enable easy interaction between students and the academic coordinator throughout the course of the program. By accessing the site, students will be able to obtain general information and announcements about the program. Background material and course readings will be 2
posted online in the period leading up to the seminar, so as to give students the opportunity to familiarize themselves in advance with the various topics addressed in the course of the program. Items marked with an asterisk are required readings. Students are expected to read the required readings before class and be prepared to discuss them. Course Outline and Seminar Readings List Sunday, January 11, 2015 Financial Registration Campus Tour Orientation Setting Up Computer Account Monday, January 12, 2015 (9:00-12:30) Introduction to Israel as a Society and State (4 academic hours) Guest speaker: Dr. Ophir Yarden, Jewish and Israel Studies Brigham Young University Jerusalem Center Monday, January 12, 2015 (13:00-14:30) Historical Background and Sources of Israeli Law (2 academic hours) Daniel Friedmann, The Effect of Foreign Law on the Law of Israel: Remnants of the Ottoman Period 10 Israel Law Review 92 (1975). Daniel Friedmann, Infusion of the Common Law into the Legal System of Israel 10 Israel Law Review 324 (1975). Daniel Friedmann, Independent Development of Israeli Law 10 Israel Law Review 515 (1975). (*) HCJ 5/48 Lion v. Gubernick, 1 P.D. 58. (*) HCJ 73/53 Kol Ha am v. Minister of the Interior, 7 P.D. 871. 3
Monday, January 12, 2015 (15:00-16:30) The Israeli Court System (2 academic hours) (*) Suzie Navot, The Constitutional Law of Israel 137-167 (Hague: Kluwer, 2007). Tuesday, January 13, 2015 (9:00-13:30) Judicial Review and the Constitutional Revolution (5 academic hours) (*) Suzie Navot, The Constitutional Law of Israel 137-167 (Hague: Kluwer, 2007). (*) HCJ 910/86 Ressler v. Minister of Defence 42(2) P.D. 441. HCJ 428/86 Barzilai v. Government of Israel 40(3) P.D. 505. (*) HCJ 98/69 Bergman v. Minister of Finance 23(1) P.D. 693 (*) HCJ 6821/93 United Mizrachi Bank v. Migdal Cooperative Village 49(4) P.D. 221. HCJ 7146/12 Adam v. The Knesset Wednesday, January 16, 2015 (8:00-16:00) FIELD TRIP KNESSET AND SUPREME COURT Thursday, January 15, 2015 (12:30-15:30) The Israeli Electoral System and the Relationship Between the Executive and Legislative Branches (3 academic hours) (*) Suzie Navot, The Constitutional Law of Israel 98-109 (Hague: Kluwer, 2007). (*) EA 23/84 Neiman v. Chairman of the Central Elections Committee, 39(2) P.D. 225. Suzie Navot, Fighting Terrorism in the Political Arena: The Banning of Political Parties 14 Party Politics 745-762 (2008). Raphael Cohen-Almagor, Disqualification of Lists in Israel (1948-1984): Retrospect and Appraisal 13 Law and Philosophy 43 (1994). Sunday, January 18, 2015 (8:30-12:00) International Law Issues pertaining to the Arab-Israeli Conflict (4 academic hours) Guest speaker: Dr. Guy Harpaz, Faculty of Law, Hebrew University of Jerusalem. (*) Guy Harpaz and Yuval Shany, The Israel Supreme Court and the Incremental Expansion of the Scope of Discretion under Belligerent Occupation Law ', 43 Israel Law Review 514 (2010). 4
Sunday, January 18, 2015 (13:00-16:30) SPECIAL EVENT: "THE LAW IN THESE PARTS" A DOCUMENTARY ABOUT THE ISRAELI MILITARY LEGAL SYSTEM. The screening will be followed by a discussion with the director, Ra'naan Alexandrowicz. Monday, January 19, 2015 (9:00-12:30) Legal Aspects of Countering Terrorism (4 academic hours) (*) HCJ 5100/94 Public Committee against Torture v. The State of Israel, P.D. 53(4) 817. (*) HCJ 769/02 Public Committee against Torture v. The Government of Israel. (*) HCJ 7052/ 03 Adalah Legal Center for Arab Minority Rights in Israel v. Minister of Interior. Mordechai Kremnitzer and Re em Segev, The Legality of Interrogational Torture: A Question of Proper Authorization or a Substantive Moral Issue? 34 Israel Law Review 509 (2000). David Kretzmer, Targeted Killings of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence 16 European Journal of International Law 171 (2005) Daphne Barak-Erez, Israel: Citizenship and Immigration Law in the Vise of Security, Nationality, and Human Rights 6 International Journal of Constitutional Law 184 (2008). Monday January 19, 2015 (13:00-14:30) Immigration and Refugee Law in Israel: Current Challenges and Responses (2 academic hours) Guest speaker: Joel Yossef Moss, Hebrew Immigrant Aid Society, former member of the Immigration and Refugee Board of Canada. Tuesday, January 20, 2015 (9:00-12:30) The Right to Equality and the Military Draft Deferment for Ultra-Orthodox Jews (4 academic hours) (*) Ruth Levush, Israel: Supreme Court Decision Invalidating the Law on Haredi Military Draft Postponment Library of Congress: Current Legal Topics (March 2012) available online: http://www.loc.gov/law/help/haredi-military-draft.php (*) HCJ 910/86 Ressler v. Minister of Defence 42(2) P.D. 441. (*)HCJ 3267/97 Rubinstein v. Minister of Defence 52(5) P.D. 481. (*) HCJ 4124/00 Ornan Yekutieli v. The Minister of Religious Affairs. HCJ 746/07 Naomi Ragen v. Ministry of Transport. HCJ 1067/08 Noar Kehalacha v. Ministry of Education. 5
Tuesday, January 20, 2015 (13:00-14:30) Integrating the Ultra-Orthodox Community into Israeli Society and Economy (2 academic hours) Guest speaker: Dr. Gilad Malach, School for Public Policy at the Hebrew University of Jerusalem. (*) Aharon Rose, The Haredim - a Defense Azure 25 (2006). Wednesday, January 21, 2015 (8:45-10:15) Jewish and Religious Law in the Israeli Legal System (2 academic hours) Guest speaker: Dr. Benny Porat, Faculty of Law, Hebrew University of Jerusalem Wednesday, January 21, 2015 (10:30-12:00) Legal Aspects of the Ultra-Orthodox Education System in Israel (2 academic hours) Guest speaker: Dr. Lotem Perry-Hazan, The Department of Leadership and Policy in Education, Faculty of Education, University of Haifa (*) Lotem Perry-Hazan, "When Courts Touched the Third Rail of Education Policy: The Case of the Ultra-Orthodox Schools in Israel" (unpublished manuscript). Thursday, January 22, 2015 NO CLASS: EXTRA-CURRICULAR TRIP TO EIN GEDI AND THE DEAD SEA 6
Sunday, January 25, 2015 (12:30-16:00) The Right to Equality and the Arab Minority in Israel (4 academic hours) (*) HCJ 6698/95 Kaadan v. Israel Lands Administration, P.D. 54(1) 258. (*) HCJ 727/00 Committee of Heads of Local Arab Councils in Israel v. Ministry of Construction and Housing, P.D. 56(2) 79. (*) HCJ 1113/99 Adalah Legal Center for Arab Minority Rights in Israel v. Minister of Religious Affairs, P.D. 54(2) 164. (*) HCJ 11163/03 Supreme Monitoring Committee for Arab Affairs v. Prime Minister of Israel. Ilan Saban, Minority Rights in Deeply Divided Societies: A Framework for Analysis and the Case of the Arab-Palestinian Minority in Israel 36 New York Journal of International Law & Politics 885 (2004). Sunday, January 25, 2015 (16:30-18:00) Women's Rights and Minority Rights in Israeli Law (2 academic hours) Guest Speaker: Yifat Bitton, School of Law, The College of Management Academic Studies; Director of the Tmura Antidiscrimination Legal Center. Monday, January 26, 2015 FIELD TRIP YAD VASHEM (12:00-18:00) Tuesday, January 27, 2015 STUDY DAY NO CLASS Wednesday, January 28, 2015 STUDY DAY NO CLASS Thursday, January 29, 2015 (12:30-16:30): FINAL EXAM 7