Judicial Review of National Security
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| Anteprima |
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 had an 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 dominant role 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
national security in real-time, then we should reconsider the
conventional wisdom regarding the limits of judicial review of national
security.
