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The history and growth of judicial review. Vol 1, The G-20 common law countries and Israel / Steven Gow Calabresi
https://academic.oup.com/book/39379?searchresult=1
New York : Oxford University Press, 2021
Vol 1.
This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
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The Occupation of Justice / David Kretzmer, Yaël Ronen
http://dx.doi.org/10.1093/oso/9780190696023.001.0001
Oxford : Oxford University Press, 2021
543 p.
Judicial review by Israel’s Supreme Court over actions of Israeli authorities in the territories occupied by Israel in 1967 is an important element in Israel’s legal and political control of these territories. The Occupation of Justice, Second Edition, presents a comprehensive discussion of the Court’s decisions in exercising this review. This revised and expanded edition includes updated material and analysis, as well as new chapters. Inter alia, it addresses the Court’s approach to its jurisdiction to consider petitions from residents of the Occupied Territories; justiciability of sensitive political issues; application and interpretation of the international law of belligerent occupation in general, and the Fourth Geneva Convention in particular; the relevance of international human rights law and Israeli constitutional law; the rights of Gaza residents after the withdrawal of Israeli forces and settlements from the area; Israeli settlements and settlers; construction of the separation barrier in the West Bank; security measures, including internment, interrogation practices and punitive house demolitions; and judicial review of hostilities. The study examines the inherent tension involved in judicial review over the actions of authorities in territory whose inhabitants are not part of the political community to which the Court belongs. It argues that this tension is aggravated in the context of the West Bank by the glaring disparity between the norms of belligerent occupation and the Israeli government’s policies. The study shows that while the Court’s review has enabled many individuals to receive a remedy, it has largely served to legitimise government policies and practices in the Occupied Territories.
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