Justiciability of the Israeli Fight Against Terrorism
13 Pages Posted: 20 Sep 2006
This Essay deals with the degree to which law and courts of law are capable of regulating the fight against terrorism, and the degree in which this is actually being done in Israel. The Essay deals with the general concept of justiciability, and presents some special problems that raise the question of the justiciability of the fight against terrorism by the State of Israel. The Essay suggests that for many legal questions dealing with the fight against terrorism, especially in the Territories, there are no answers in existing law. Yet, abstention of the court from dealing with the petition itself does not reflect a neutral stance, but constitutes permission for governmental activity. Such permission should be given - however sensitive the matter might be - only after a discussion of the actual matter in hand. In this sense - even the fight against terrorism is justiciable.
Keywords: International Law Regarding Terrorism, Israeli Constitutional law, Judicial Review in Israel, Justiciability, Political Question Doctrine, Terrorism, Occupied Territories
JEL Classification: K10, K19, K20, K29, K30, K39, K40, N45, K42
Suggested Citation: Suggested Citation