Bibliography 2: #BIB36037

Key	BIB36037
Reference type	Thesis
Title	תפיסת הריבונות בדיני מדינת ישראל לאור קיומו של מוסד 'העדה הדתית' במשפט הישראלי
Translated title	The Concept of Sovereignty in Israeli Law in View of the Institution of 'Religious Community' in Israeli Jurisprudence
Author	Amir, Gal
Year	2016
Date	April 2016
Place published	Haifa
Abstract	This dissertation conducts a theoretical and conceptual examination of the tension field existing at the interface between two basic approaches embedded in the infrastructure of the Israeli legal system. The first - a modern, western approach, based on the fundamental concepts that have developed in western thought over the last few centuries. The basic concepts used as the basis for action by government authorities, such as 'state', 'sovereignty' and 'nation' have developed within the framework of this approach. The second approach, reffered to in this study as 'Inter-Imperial', is the product of the regime transitions from the Ottoman Empire to the British mandate rule, and from British mandate to an independent state. This approach is based on Islamic concepts such as 'Ummah' amd 'Millet' that have undergone significant changes in the final period of the Ottoman Empire and during the British mandate period. As a result of these historical and cultural developments, the view of space and territory in the second approach is very different from the view upon which the first approach is based. A central arrangement in Israeli law, the 'Religious Communities' Arrangement' (referred to henceforth as 'The Arrangement'), is based upon the second approach. The arrangement regulates one of the most important and sensitive issues in the life of every citizen: matters of marriage and divorce. The fact that the arrangement is based upon a different conceptual view of space and territory compared to other arrangements in Israeli law creates a significant theoretical challenge. But this fact also has a practical meaning, creating difficulties and obstacles facing citizens in the not uncommon situation in which the operation of the arrangement presents a challenge to the sovereignty of the state. The arrangement divides the Israeli population into fourteen religious communities (Jews, Moslems, Druze, Bahais, and several Christian denominations). These communities regulate their members' matters of personal status, the core of which are matters of marriage and divorce, according to their personal laws, the systems of religious law – Halakha, Shari'a, Canonical and byzantine law. The arrangement is the significant representative of the inter-imperial approach in Israeli law. This dissertaion's main hypothesis is that the implementation of the arrangement poses a considerable challenge to the concept of state sovereignty in Israeli law, and that it is impossible to reconcile the operation of the arrangement in Israel today with the modern concept of a sovereign state. Moreover, even softened' legal and theoretical approaches such as legal pluralism or communitarianism, which resent dogmatic interpretations of the concept of sovereignty, can't effectively resolve the contradiction between the perception of space and territory of the sovereign nationstate and the inter-imperial approach underlying the arrangement.
Notes	Bahá'í Faith: pp. VI, IX, 2, 129, 134-135, 179, 243, 253.
Language	Hebrew
Keywords	ISRAEL; LAW; RELIGION; RELIGIOUS COMMUNITIES ARRANGEMENT (ISRAELI LAW)
Number of pages	XIII, 284, [13]
Thesis type	Doctorate
Academic department	Faculty of Law
University	University of Haifa
Degree	Ph.D.
File attachments	internal-pdf://0077069614/Amir (2016).pdf

summary view details

browse all, summary view browse all, detailed view