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Lawyering for the rule of law : government lawyers and the rise of judicial power in Israel / Yoav Dotan.

By: Contributor(s): Series: Cambridge studies in constitutional law ; 9.Publisher: Cambridge : Cambridge University Press, 2014Description: 1 online resource (xii, 214 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781139856027 (ebook)
Subject(s): Genre/Form: Additional physical formats: Print version: : No titleDDC classification:
  • 347.5694 23
LOC classification:
  • KMK2244 .D68 2014
Online resources:
Contents:
Introduction : The Government's Lawyer --The Israeli Legal System and the Rise Judicial Activism in the High Court of Justice -- The High Court of Justice Department (HCJD) : Overview and History -- Litigating for the Government --The Dilemma of Serving Two Masters -- Sorting Things Out : Government Lawyers in Transformative Litigation -- The Government Lawyer as Adjudicator : "Pre-Petitions" and the HCJD -- Conclusion.
Summary: Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation.
Item type: eBooks
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Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Introduction : The Government's Lawyer --The Israeli Legal System and the Rise Judicial Activism in the High Court of Justice -- The High Court of Justice Department (HCJD) : Overview and History -- Litigating for the Government --The Dilemma of Serving Two Masters -- Sorting Things Out : Government Lawyers in Transformative Litigation -- The Government Lawyer as Adjudicator : "Pre-Petitions" and the HCJD -- Conclusion.

Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation.

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