Archiv: unwritten / no constitution


12.11.2019 - 18:32 [ Times of Israel ]

It’s almost unthinkable, but how would a minority government work?

(17.10.2019)

In principle, the candidate whom the president grants the right to form a government does not need a majority of 61 to do so. All that is really needed is a situation in which more hands vote in favor of the government than oppose it.

24.10.2019 - 05:54 [ i24NEWS English / Twitter ]

‚The prime minister is not above the law, but neither is he below it,‘ senior #Netanyahu lawyer says as he enters the closed-door corruption hearing

(02.10.2019)

05.10.2019 - 10:04 [ Economist.com ]

Binyamin Netanyahu’s last chance to avoid indictment

Even if he is indicted, Mr Netanyahu intends to stay on as prime minister. The law does not require him to step down until a final conviction.

04.10.2019 - 13:59 [ Haaretz ]

Uncompromising Investigation Into Shin Bet Torture Allegations Is Needed

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.

25.09.2019 - 17:42 [ New York Times ]

How the U.K. Supreme Court’s Rebuke to Boris Johnson Remakes British Law

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.”

25.09.2019 - 17:35 [ Parliament.uk ]

The Supreme Court 2009

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.

25.09.2019 - 17:26 [ Spectator ]

The Supreme Court’s decision is a constitutional outrage

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.

24.09.2019 - 12:43 [ theGuardian.com ]

Jeremy Corbyn says Boris Johnson should ‚consider his position‘ as he demands recall of parliament

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.

24.09.2019 - 12:30 [ Daily Mail ]

Supreme Court unanimously rules Boris Johnson’s suspension of Parliament was ‚UNLAWFUL, void and of no effect‘ and overturns the move leaving the PM’s plans in tatters

– 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

24.09.2019 - 12:27 [ ITV.com ]

Supreme Court rules Boris Johnson’s advice to Queen to suspend Parliament was unlawful

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.“

16.09.2019 - 08:49 [ Mairav Zonszein מרב זונשיין / Twitter ]

This is a big deal and a big win for Netanyahu – and a vehemently anti-Democratic act, affirming Israeli disenfranchisement of Palestinian citizens. It shows the Right has permeated every institution in the country, and that legality has no meaning.

16.09.2019 - 08:45 [ Jerusalem Post ]

Central election committee rules „Zazim“ initiative illegal

The injunction came after the Likud party submitted a petition arguing that Zazim, which is heavily funded by the US-based New Israel Fund, an organization that has butted heads with the Likud party before, was violating election laws with its initiative.
In 2017 the V15 law was passed in order to prevent foreign funded non-party political organizations from interfering with the elections.

07.09.2019 - 09:25 [ Spiked ]

From ‘Stop the Coup’ to ‘Stop the Election’

We thought Remoaners could sink no lower. We were wrong.

07.09.2019 - 09:20 [ Haaretz ]

Casting Doubt on Election’s Integrity, Netanyahu Commits the Worst ‚Terror Attack on Democracy‘

Netanyahu has been in favor, since his earliest days as a politician over three decades ago, of a presidential system of governance – without insisting on a constitution to check and balance the president’s power, however. He sees the Israeli parliament as an unnecessary nuisance. In recent years, he has described every perfectly legal and legitimate attempt to replace him as a “coup.” As far as he’s concerned, the only purpose of an election is to confirm his personal mandate to rule.

29.08.2019 - 18:05 [ NewStatesman ]

The Brexit crisis shows why the UK finally needs a written constitution

The debate over constitutionality is fascinating and important. But it is also absurd because we have no written constitution. Instead, we have a hodgepodge of procedural rules, ancient customs, conventions, norms, and the Queen’s obscure power-not-power. We have airy principles. But, ultimately, our “unwritten” constitution means that in times of crisis, such as now, anyone can choose a principle to justify their arguments.

28.08.2019 - 16:31 [ BBC ]

Prorogation: How can the government suspend Parliament?

MPs do not vote to prorogue – it’s a power that rests with the Queen, done on the advice of the prime minister.

28.08.2019 - 16:25 [ Spiked ]

A battle of two evils

Proroguing parliament to force through Brexit is wrong. But using parliament to stop Brexit is far worse.

28.08.2019 - 16:21 [ theSun.co.uk ]

The Queen agrees to let Boris Johnson shut down Parliament and thwart Corbyn’s anti-Brexit plot

THE Queen has approved Boris Johnson’s bombshell request to suspend Parliament and stop Jeremy Corbyn’s plans to block No Deal Brexit.

Her Majesty met with the Privy Council today at Balmoral and an order was greenlit to prorogue Parliament from any date between September 9 to October 14.

18.08.2019 - 16:21 [ Omer Katz / Twitter ]

In summary: ? #Netanyahu’s regime must fall for the sake of Jews and Palestinians alike. ?Netanyahu is merely a symptom of a bigger problem, the Israeli occupation which is undemocratic by nature.Its practices leak into Israel & make it look more like the West Bank than Berlin.

18.08.2019 - 16:02 [ the_drow / instagram ]

Now in Petach Tikva: A thousand people are protesting police brutality and unlawful arrest of anti-corruption activists. Protests in Petch Tikva, where the AG Mendelblit lives occur weekly. Yesterday, activists were arrested for walking down the street.

18.08.2019 - 15:59 [ אתון עיוור‏ / Twitter ]

@nytimesworld Please do a follow up on this story. Israeli police arrest people with no charges, trying to bully people from not protesting ( legally) in front of Attorney General of Israel, Dr. Mandelblit’s home. Apparently by his influence. Brutal arrest of older people.

18.08.2019 - 15:45 [ Times of Israel ]

Four arrested, 3 detained during anti-corruption protests near AG’s home

Anti-corruption activists have been holding regular protests near Mandelblit’s home for years, demanding he indict Prime Minister Benjamin Netanyahu in the corruption cases into his affairs.

18.08.2019 - 15:27 [ Haaretz ]

Israel’s Attorney General Is Allowing the Gender-segregation Tsunami to Sweep Over

In recent years, gender segregation and discrimination against women have been expanding into various aspects of public life. This is seen on army bases where women are marginalized; on academic campuses where female “modesty supervisors” check the length of skirts; in the civil service, which has cadet courses for men only; in funeral ceremonies, where women cannot mourn or stand with their families; in signposts forbidding women to walk on certain sidewalks, while men police their clothing, applying ever harsher modesty rules, occasionally with curses and spitting. Bus drivers refuse to let on a female passenger in shorts, or don’t allow women to board, claiming there’s “room for men only.”

This is merely a partial list. The struggle for woman’s place in public – and for Israeli society – is in full force.

18.08.2019 - 15:12 [ Haaretz ]

In Netanyahu’s Israel, Democracy Is Dying in Broad Daylight

(13.08.2019)

Ominous pre-election right-wing purges inspired by Trump’s brazenness have been met with apathy and impotence on the center-left

10.08.2019 - 08:15 [ Telegraph.co.uk ]

Buckingham Palace and Downing Street plan to keep the Queen out of looming constitutional crisis over Brexit

The conversation was prompted by growing speculation that politicians will try to force the Queen to get involved if Boris Johnson, the Prime Minister, loses a no-confidence vote early next month.

07.08.2019 - 18:16 [ Haaretz ]

UN Slams Israel’s ‚Effective Annexation‘ of West Bank After 2,000 Settlement Units Approved

Israel’s Civil Administration approved the proposed plans this week and construction is currently pending. Among units approved include 537 in Alon Shvut, 18 in Ma’aleh Adumim, 66 in Efrat and 96 in Kiryat Netafim.

03.08.2019 - 17:42 [ Communist Party of Israel ]

Likud Plans to Spend $570,000 to Spy Again on Arab Polling Stations

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”.

03.08.2019 - 17:38 [ Jerusalem Post ]

Likud doubles budget for program placing hidden cameras in Arab polling stations

The operation is set to be run again by the Kaizler-Inbar communications firm, the source said. Kaizler-Inbar organized the April effort by recruiting activists mainly from national religious seminaries across the country and boasted in a Facebook post shortly after the vote of “success” in bringing turnout among Arabs to below 50 percent, its lowest level in decades.

23.07.2019 - 18:19 [ i24NEWS English /Youtube ]

Trio of Families Forced from Homes in West Bank

„What is painfully happening here is the biggest and most dangerous demolition operation outside of war operations,“ Walid Asaf, the Palestinian minister in charge of monitoring Israeli settlements, said in a video from the site.

„This operation aims to cut off Jerusalem from Bethlehem (in the southern West Bank),“ he added.

Residents fear another 100 buildings in the area in a similar situation could be at risk in the near future.

23.07.2019 - 17:36 [ Haaretz ]

These Children Are Israeli

The population authority plans this summer to deport dozens of female foreign workers, most of them Filipinas, along with their Israeli-born children – a total of around 100 people – even though the women came to Israel lawfully to work, and even though most of the children, who were born and raised in Israel, speak only Hebrew. The deportation is essentially a punishment for daring to give birth or be born in Israel.

23.07.2019 - 17:29 [ i24NEWS English / Twitter ]

Israel Begins Deporting Children of Filipino Workers

Most of the migrant workers are mothers, some of whom gave birth to children while working in Israel as social workers, taking care of the elderly and others with special needs.

However, since Israel law only gives citizenship to children born in Israel to Israeli citizens, many of the Filipino children who have been raised and feel at home in the Jewish state are illegal residents.

22.07.2019 - 14:37 [ Haaretz ]

Israel Begins Demolition of 70 Homes in Palestinian-controlled East Jerusalem Neighborhood

(today)

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

22.07.2019 - 14:34 [ MondoWeiss.net ]

Israeli plan to raze East Jerusalem homes may be first step towards mass demolitions across the West Bank

(17.07.2019)

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.

22.07.2019 - 14:29 [ Middle East Monitor ]

Israel Supreme Court backs demolition of 13 buildings under PA control

(18.06.2019)

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”.

22.07.2019 - 07:41 [ Haaretz ]

On Eve of Existential Election, Israel’s Center-left Is on the Verge of Implosion

The final deadline for Israel’s political parties to submit their lists of Knesset candidates for the September 17 election is in ten days. Center-left voters and their leaders depict the election as crucial, vital and even existential. Benjamin Netanyahu’s reelection, they claim, could spell the end of Israel’s liberal democracy, as we’ve known it.

Nonetheless, as the clock nears midnight, the center-left is on the brink of implosion.

21.07.2019 - 17:39 [ Haaretz ]

Labor Could Join Netanyahu’s Coalition if Prime Minister Not Indicted, Chairman Says

The general election will take place on September 17, and Netanyahu’s pre-indictment hearing is set for October 2 and 3.

Peretz also characterized his joining forces last week with Orli Levi-Abekasis, chairwoman of the Gesher party, as “a chance to win,” otherwise Labor would suffer “sure defeat.”

23.06.2019 - 20:37 [ Algemeiner.com ]

Sources: Likud and Blue and White Parties Discussing Canceling Elections, Forming Unity Government

Netanyahu and Blue and White party co-chairman Benny Gantz are reportedly not personally involved in any negotiations over a unity government.

Blue and White issued a statement reacting to the report, saying, “There is only one option for cancelling the elections: Netanyahu steps down to deal with his legal issues and Blue and White will lead a wide government.”

17.06.2019 - 06:01 [ Haaretz ]

Yair Lapid Says Coalition With Netanyahu, Lieberman Is the Right Thing for Israel

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.

10.06.2019 - 14:20 [ i24news.tv ]

Netanyahu must inform court today if he will attend indictment hearing

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.

07.06.2019 - 16:17 [ PoliticsHome.com ]

EXCL Dominic Raab branded a ‚dictator‘ by Tory rival over Parliament shut-down row

Dominic Raab has been branded a „dictator“ as his rivals for the Tory leadership condemned his refusal to rule out shutting down Parliament in order to deliver a no-deal Brexit.

07.06.2019 - 16:09 [ Evening Standard ]

Brexit news latest: The Queen ‚could reject a new PM’s demands to suspend Parliament over no-deal‘

The Queen may reject a Brexiteer Prime Minister’s demand to suspend Parliament to ram through a crash-out from the EU, a Whitehall grandee said today.

Lord Armstrong, who was Margaret Thatcher’s cabinet secretary, said the monarch could decide to consult Labour leader Jeremy Corbyn, Speaker John Bercow and Lord Speaker Lord Fowler if she believed the Government was asking her to prorogue Parliament to neuter its “rights or duties”.

06.06.2019 - 19:57 [ Haaretz ]

Netanyahu Appoints Justice Minister Who Supports Immunity From Indictment for Prime Minister

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.

05.06.2019 - 06:04 [ Haaretz ]

Democracy in Netanyahu’s Israel Under Greater Threat Than in Trump’s America, Warns Lawfare Editor

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.”

05.06.2019 - 06:00 [ Times of Israel ]

Lapid says Netanyahu turning Israel into Iran by agreeing to gender segregation

TV report uncovers draft agreement between Likud and ultra-Orthodox parties to change law barring discriminatory separation between men and women in public

04.06.2019 - 18:39 [ Haaretz ]

Netanyahu, Suspect in Three Corruption Cases, Is Now Israel’s Justice Minister

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.

02.06.2019 - 14:37 [ Haaretz ]

Israeli Soldiers Cuffed, Blindfolded and Detained Left-wing Activists Without Cause, Authority

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.

01.06.2019 - 16:45 [ Haaretz ]

Israel’s Snap Election Is a Makeup Exam for Democracy

A moment before democracy was burned on the stake, Israel received a second chance. We must take full advantage of it.

30.05.2019 - 12:56 [ Haaretz ]

Even Netanyahu Knows It’s Over

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?