The version of the “unitary executive” put forth by Mr. Trump, the Justice Department and the shareholders would open the door for a president to fire for any reason — even personal reasons unrelated to the public interest or even for no reason at all — any head of an administrative agency, including the heads of “independent agencies” like the Consumer Financial Protection Bureau as well as the Federal Reserve, the Federal Trade Commission and the Nuclear Regulatory Commission. (These agency heads are nominated by the president and confirmed by the Senate.)
This explanation was meant to provide grounds for a claim of necessity, which is a fundamental condition for permitting the use of “special means” – that is, torture – while still staying within the limits imposed by the High Court of Justice on interrogations of this type.
It’s still impossible to know whether this essential condition, necessity, actually existed. But even if it did, serious questions arise from this case regarding the interpretation that has been given to the possibility of using torture.
Ms Fujimori, the daughter of former President Alberto Fujimori, is in jail awaiting trial for allegedly accepting illegal funds from Odebrecht.
The president also argued that Congress’s appointment of a new judge to the constitutional court would interfere with his efforts to stamp out corruption. Among other things, the court is soon due to decide whether to free Keiko Fujimori from pre-trial detention.
After being asked by the attorney general to submit the basis of his plea in advance of the hearings last week, Netanyahu sent Mendelblit one page void of explanations to back his statement that he is innocent.
„We regret that instead of complying with this directive, you have found it appropriate to submit a very short document with no actual content,“ Mendelblit’s office wrote in a letter published Thursday.
Not only did the court declare the prime minister’s action unlawful, it also declared the order itself, which Queen Elizabeth II issued at Mr. Johnson’s request, “unlawful, void, and of no effect.” The request, said the court’s president, Baroness Brenda Hale, might as well have been a “blank sheet of paper.”
Stephen Tierney, a professor of constitutional theory at Edinburgh University, said it was “astonishing” that the court had ruled decisively that it “can review something as fundamental as that, done by Her Majesty, as unlawful.”
The last hearings and judgments in the House of Lords took place on 30 July and the new Supreme Court opened on 1 October 2009.
The Supreme Court comprises of 12 judges, known as „Justices of the Supreme Court“, they include a President and Deputy President, appointed by the Queen on the recommendation of the Judicial Appointments Commission.
The first members of the Supreme Court were the existing 12 Law Lords (Lords of Appeal in Ordinary) who now sit in the new Court which occupies the former Middlesex Guildhall, opposite the Houses of Parliament.
What that means is that prorogation can be limited by statute and the courts would enforce that statute. I doubt anyone disputes that. What it does not mean, yet what has happened, is that in the absence of such a statute, the ‘Supreme’ Court can step in and invent one. So lawyers and judges have, step by step, decided to give themselves more and more power.
No one expected them to do what they did today. No one expected it to be unanimous – which perhaps hurts the most.
At the Labour conference Jeremy Corbyn has taken to the stage.
He says the supreme court judgment demonstrates Boris Johnson’s contempt for parliament.
He says he will write to the Speaker demanding an urgent recall of parliament.
He says a Labour government would want to be held to account. It would not bypass democracy.
And he says Boris Johnson should “in the historic words, consider his position”.
That means he thinks Johnson should resign.
– The Supreme Court handed down landmark judgment at 10.30am today
– Justices asked to decide whether Boris Johnson gave unlawful advice to Queen
– Judges had 4 options including forcing MPs to return to Parliament this week
– Lady Hale revealed all 11 unanimously agreed to nuclear option of recalling MPs
– PM won’t resign and says MPs have had years to discuss direction of Brexit
Announcing the result, Lady Hale said: „The court is bound to conclude, therefore, that the decision to advise Her Majesty to prorogue Parliament was unlawful because it had the effect of frustrating or preventing the ability of Parliament to carry out its constitutional functions without reasonable justification.“
Quoting sources in the State Prosecutor’s Office, Channel 12 news reported Netanyahu’s hearing was not likely to be delayed due to the election results, which left no party with a clear path to forming a government.
It is widely believed that had Netanyahu won the election with a clear majority, he would have sought immunity from prosecution via a Knesset vote and then sought legislation to prevent the Supreme Court from overturning any such Knesset decision. I
– Boris Johnson will not ask for Brexit delay past October 31 in any circumstances
– Anti-No Deal law set to be given Royal Assent today, requiring PM to ask for delay
– Legal experts say Supreme Court could order civil servant to ask for Brexit delay
– Mr Johnson will try to force a snap general election for the second time today
– Government will then suspend Parliament regardless of if it wins election vote
So, while the EU might well be the apogee of constrained democracy, constrained democracy has many facets. Moreover, the model of constrained democracy existed on a national level before the EU was created. Indeed, the EU can be seen as the grotesque extension of a flawed system that was first developed within nation states after the First World War. For instance, the model of independent central banking was pioneered in Germany before being transposed to the EU much later on.
Colombia’s Supreme Court of Justice (CSJ) requested that former President Alvaro Uribe appear on October 8 to answer for bribery and procedural fraud.
Authorities in Gibraltar were given permission by Gibraltar’s Supreme Court to detain the vessel until mid-August, with another hearing on the matter set for Thursday morning. The current detention order on the vessel expires on Saturday night.
In supporting the European banking union, Germany’s highest court reveals its anti-democratic heart.
Now, according to a report broadcast by Channel 13 news, the Likud plans to double its budget for a repeat campaign, spending two million shekels (approximately $570,000) to install cameras in Arab polling stations. The campaign will once again be headed up by Kaizler Inbar, and will be accompanied by increased police presence to monitor Arab voters.
Israel’s Central Election Committee – which oversees the state’s election process – will reportedly meet later this week to discuss the Likud’s program. The Channel 13 news report told how the Likud party plans to ask Supreme Court Judge Hanan Melcer, head of the elections committee, to “detail in writing what their poll watchers can and cannot do with the surveillance cameras”.
The ruling allows the administration to use $2.5 billion in military funds to begin construction of a wall along the U.S.-Mexico border while litigation plays out. A lower court had issued an injunction blocking officials from using those funds.
In a 5-to-4 ruling, the court overturned an appellate decision and said that the administration could tap the money while litigation over the matter proceeds. But that will most likely take many months or longer, allowing Mr. Trump to move ahead before the case returns to the Supreme Court after further proceedings in the appeals court.
Forces deploy at dawn days after top court approves order to evict Wadi Hummus residents, in a move activists are concerned sets a precedent to affect thousands
In less than 24 hours, 42-year-old Ismail Obeidiya, his wife Nida, and their six kids, could be made homeless. It’s a terrifying reality that Obeidiya is struggling to grapple with, his unease and frustration more palpable with every word.
“We fought so long and so hard, for years, to try to save our home. But in the end, the Israeli courts, the ‘High Court of Justice’ as they say, could not offer us any justice,” Obeidiya told Mondoweiss from the front yard of his home.
The Obeidiyas’ home is one of 10 buildings slated for an unprecedented mass demolition by Israeli authorities in the occupied East Jerusalem town of Sur Bahir.
While Israeli demolitions of Palestinian homes in East Jerusalem are commonplace, typically under the pretext that the homes were built without Israeli-issued permits, the homes in question stand on ‘Area A’ and ‘Area B’ land under the control of the Palestinian Authority (PA), as designated by the Oslo Accords.
Israel’s Supreme Court yesterday gave the green light for the state to demolish 13 apartment blocks built in “Area A” of the occupied West Bank, but which now lie inside the route of the illegal Separation Wall.
According to Haaretz, Palestinians say that the ruling “sets a precedent that will enable the demolition of thousands of buildings in the West Bank”.
Yair Lapid, the co-chair of opposition party Kahol Lavan, said on Sunday that he believes a unity government headed by his outfit is the „right thing for Israel.“
Lapid said he would agree to form a coalition with Prime Minister Benjamin Netanyahu in response to comments made by former Defense Minister Avigdor Lieberman on Saturday.
Brazil’s Supreme Court said Monday it would re-examine an appeal by jailed former president Luis Inacio Lula da Silva in the wake of allegations that a prominent judge collaborated with prosecutors to convict the popular former leftist politician.
Moro ruled against Lula and rendered him ineligible to run in the 2018 presidential election at a time when all polls showed that the former president was the clear frontrunner. This gave far-right Jair Bolsonaro a strong lead that resulted in his presidency win.
Bolsonaro then, according to many, “rewarded” Moro by creating an unprecedented powerful position now called the “super justice minister,” which has complete control over all the judicial branch, policing and social control in Brazilian society.
Agency has been obtaining surveillance warrants based on false information, high court told
If Netanyahu refuses to confirm his attendance by today’s deadline, then the hearing will be canceled and a summary decision would be made that could lead to his indictment within days or weeks.
Lady Justice Rafferty, who was hearing the case with Mr Justice Supperstone, broke shortly before 1pm but told the assembled lawyers and journalists: „Don’t go.“
They then returned within minutes and, in dramatic circumstances, said: „The conclusion of the court: we grant permission [allowing Mr Johnson’s appeal]. We are persuaded.“
Israeli Prime Minister Benjamin Netanyahu appointed Likud lawmaker Amir Ohana as justice minister on Wednesday. Political sources told Haaretz that Ohana was appointed because unlike other Likud members, he supports changes that would grant immunity from indictment to acting prime ministers, as Netanyahu is facing possible indictment in three cases of fraud, bribery and breach of trust.
Wittes attributes this dramatic possibility to Israel’s anomalous constitutional regime, which he characterizes as “super-weird.”
Asked to elaborate, he explains in a follow-up email that, beyond the fact that Israel lacks a written constitution (which is not in itself unique), it also has “the combination, on the one hand, of a system of parliamentary supremacy, and, on the other hand, a highly aggressive court that asserts broad authority of judicial review.” Ironically, however, anything the High Court does can be reversed by the legislature, “given that the court’s authority itself is a creature of the Knesset.”
Israeli law does not prohibit an outgoing prime minister from appointing or dismissing ministers before an election nor does it require Knesset approval if the appointee is already a Knesset member.
The three were released without being questioned and without being informed whether they were suspected of anything. Israeli soldiers are not authorized to arrest Israeli civilians in the West Bank, but are entitled to detain them until the police arrive. The three said they never came in contact with the police.
The activists were members of the left-wing organizations Combatants for Peace and the Jordan Valley Coalition.
A moment before democracy was burned on the stake, Israel received a second chance. We must take full advantage of it.
‚You never know which circumstances you’ll find yourself in,‘ party leader tells Channel 12, arguing he hadn’t lied to his voters in holding coalition talks with the premier
Netanyahu may win the new election but it will be too late to push through the High Court override and the immunity from prosecution: Who will sign a coalition agreement with someone on his political deathbed?
Kahol Lavan, Labor and Meretz organized the protest, but the Arab parties were not invited. Several hours before the protest and following public pressure, Gantz invited Arab Israeli lawmaker Ayman Odeh, the chairman of Hadash, to speak.
Tens of thousands of Israelis gathered in the central city of Tel Aviv Saturday, protesting proposed legislation granting Prime Minister Benjamin Netanyahu immunity from prosecution on a series of corruption charges.
The protesters outside the city’s Museum of Art also called for protecting Israel’s democratic identity against government overreach.
MK Miki Zohar (Likud) submitted on Tuesday a draft for a new Immunity Law, that would prevent MKs from being brought to criminal trial.
(20. April 1997)
Netanyahu told CNN’s Walter Rodgers he was „glad that the truth came out,“ and said the entire incident was „blown out of proportion and twisted out of shape.“
„It’s politics,“ he said in an interview shortly after the attorney general released his report. „Of course there were people out to get us. But this is going nowhere. It’s done. It’s finished.“
Attorney General Avichai Mendelblit agreed on Wednesday to postpone Prime Minister Benjamin Netanyahu’s indictment hearing until October.
Mendelblit, who returned Sunday from a trip to Japan, had asked the lawyers to hold the hearing by July 10, but is expected to agree to a hearing held by the end of September.