Prostitutes Sederot, Telephones of Whores in (IL)

Constitutional Law

On this issue, he says, inter alia, that:. There are roughly fifty thousand Jews Prostitutes Sederot the heart of the Galilee, and three hundred and fifty thousand Arabs. As Prostitutes Sederot general matter, once a petition becomes moot, the Court does not hear it, even if it was at one point concrete.

See also, Y. The Court has not yet ruled on Prostitutes Sederot question. Nor is there a need to do so in this case, because the statute itself, and not implementing regulations, authorizes the infringement on personal liberty by arresting a soldier.

There are additional semantic differences between section 8 and section 9 of the Basic Law. The language of the statute must be interpreted according to the purpose of the statute. If we take the purpose of the statute into consideration, we must reject this interpretation, because it is likely to frustrate Prostitutes Sederot purpose of the Basic Law, namely, that basic rights are Prostitutes Sederot constitutional rights of every person, including, of course, a person serving in the security forces.

The same is Prostitutes Sederot, a fortiori, Prostitutes Sederot administrative regulations. See A. The question therefore arises as to whether section A Prostitutes Sederot the Military Adjudication Law, which authorizes a Prostitutes Sederot police officer to arrest a soldier for a period of 96 hours before bringing him before a military judge, meets the requirements Prostitutes Sederot consistency with the values of the State of Israel and designation for a proper purpose.

The answer is that the arrest of a soldier who Prostitutes Sederot committed an offense is recognized and accepted, in certain instances, as an essential means of protecting public safety. Public safety is one of the basic values of the state, and its protection is a proper purpose. That principle holds true when a civilian police officer arrests a person who is not serving in the security forces as Prostitutes Sederot as when a military police officer arrests a soldier.

Arresting a soldier may serve the additional purpose of maintaining the necessary discipline in the military, which is also a proper purpose. Furthermore, we can also Prostitutes Sederot that the amendments made to section A after the passage of the Basic Law: Human Dignity and Liberty meet the requirements of values and Prostitutes Sederot because they were passed in order to reduce the period of detention, and thus to limit the infringement on personal liberty.

We may therefore conclude that, in terms of values and purpose, section A of the Military Prostitutes Sederot Law passes constitutional muster.

Indeed, the petitioners Prostitutes Sederot not object to the very authority of a military police officer to arrest a soldier, but rather to the period of detention which can be ordered by a military police officer.

The petitioners claim that an arrest warrant authorizing 96 hours of detention, before a soldier must be released or brought before a judge to extend the detention, is disproportionately long. Therefore, they claim, it Prostitutes Sederot on the right to Prostitutes Sederot liberty to an extent greater than is required Prostitutes Sederot section 9 of the Basic Law: Human Dignity and Liberty.

Semantically, there is a difference between the proportionality test established in section 9 of the Basic Law: Human Dignity and Liberty security limitation clause and the proportionality test established in section 8 of the Basic Law general limitation clause. The proportionality test is flexible. This is true, for Prostitutes Sederot, of prisoners. The principle holds true for a person of another status. It is therefore clear that the proportionality of the harm to a person serving in the security forces is influenced by the nature and character of the service.

This means that applying the general proportionality test of section 8 of the Basic Law to those serving in the security forces would have to take into consideration the nature and character of the service, even if section 9 of the Basic Law did not explicitly say so.

Thus, section 9 Prostitutes Sederot the Basic Law simply states the obvious. It also, however, serves to clarify and remove any doubt: The proportionality of infringing on the rights of those serving in the security forces depends on the nature and character of the service, and it is therefore likely to be different from the proportionality of infringing on the rights of a person who is not serving in the security forces. Furthermore, the proportionality is likely to vary among types of service even within the security forces.

For example, the proportionality of infringing on the rights of a person serving in the military is likely to be different Prostitutes Sederot the proportionality of infringing on the rights of a person in the Prison Services. The military context is unique in its own right.

This uniqueness justifies recognizing the possibility of a more widespread restriction of the human rights of a soldier, relative to what would be permitted for a non-soldier. Comparative law from systems which Prostitutes Sederot addressed similar problems will be useful.

The primary question raised by these petitions, therefore, is whether the authority to arrest a Prostitutes Sederot under the Military Adjudication Law withstands the proportionality Prostitutes Sederot, taking into consideration the Prostitutes Sederot and character of the military service. Is it possible to reduce the period of arrest, without undermining its purpose?

The answer to the question of proportionality depends, in large part, on the evidence. Has lawful evidence proven to the Court that it is possible to reduce the period of detention, thus limiting the infringement on personal liberty, without undermining Prostitutes Sederot purpose of the arrest?

In Prostitutes Sederot to answer that question, we must first clarify who bears Prostitutes Sederot burden of proof in demonstrating proportionality: the petitioners or the respondents. The Court has yet Prostitutes Sederot rule on the question Prostitutes Sederot burden of proof in demonstrating proportionality, although it has arisen in prior cases.

The justices have been divided on the issue. They expressed their disagreement in Bank Mizrachi [6]. Supra para. In the judgment, the justices distinguished between two burdens within the burden of proof: the primary burden, which is the burden of persuasion, and the secondary burden, which is the burden of production.

On these burdens, see 3 Y. Kedmi, Al Harayot [On Evidence] [22] beginning on pp. One opinion expressed in Bank Mizrachi [6] is that the burden of persuasion passes from party to party, depending on the stage of argument.

At the first stage of argument, the question is Prostitutes Sederot the statute being reviewed infringes on a constitutional right. At this stage, the statute enjoys a presumption Prostitutes Sederot constitutionality.

The burden of persuasion, therefore, is on the party contending that the statute infringes on a right, meaning it is Prostitutes Sederot on the person or body who is harmed by the statute. At the second stage, the question is whether the infringement Prostitutes Sederot a constitutional right is legal, meaning, in accordance with the limitation clause: by law or by virtue of a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required.

At this stage, the burden of persuasion Prostitutes Sederot the infringement Prostitutes Sederot legal falls on the party arguing for the constitutionality of the infringement, meaning it is generally on the administrative agency acting by force of the statute.

Levin, Id. An opposing opinion is that at every stage of the argument, every statute enjoys a presumption of constitutionality, and therefore, at both stages, the burden of persuasion Prostitutes Sederot on the party claiming otherwise. Another opinion, taking a middle course, divides the burden of proof at the second stage. In other words, the burden of persuasion at the second stage is Prostitutes Sederot the party arguing for the constitutionality of the statute, generally the administrative agency acting by force of the statute.

On the Prostitutes Sederot of proportionality, however, the burden of production is on the party claiming that the infringement is not proportional, meaning it must bring evidence showing the existence of alternatives that effect a more moderate infringement on the Prostitutes Sederot. See Justice Shamgar, Prostitutes Sederot. See also a similar opinion by Justice M.

Cheshin, Id. At the end of the day, however, the disagreement between the justices in Bank Mizrachi [6] remained unresolved. Parenthetically, I will note my doubt that case law on the burdens of proof in criminal and civil law Prostitutes Sederot the same application in public law.

It is true that in public law, Prostitutes Sederot civil law, the applicable rule is that he who would take from his friend bears the burden of proof.

Therefore, at the first stage of argument in public law, the burden of raising a substantial doubt over constitutionality is on the petitioner claiming the unconstitutionality of a statute, regulation, or administrative decision. However, once the petitioner has raised this doubt whether or not an order-nisi has been Prostitutes Sederotthe Court need not make do with the evidence brought by the petitioner.

For example, if the petitioner succeeded in raising a substantial doubt over the reasonableness of an administrative decision or the legality of the considerations that went into it but did not produce Prostitutes Sederot evidence for the Court to definitely determine the legality of the decision, the Court need not reject the petition for lack of evidence.

It may, sua sponte, require the agency to answer certain questions or present additional specified evidence, such as affidavits, documents, and the like. This is one of the differences between an administrative proceeding and a criminal or civil Prostitutes Sederot.

First, the difference stems from the nature of an administrative proceeding: it deals with a decision taken by Prostitutes Sederot agency acting in the name of the public and for Prostitutes Sederot sake of the public.

In principle, therefore, Prostitutes Sederot public has a right to know the facts and reasons at the basis of the decision. Second, the difference stems from the principle of rule of law; in an administrative proceeding, the Court is not just supposed to adjudicate a dispute between two parties but also to preserve the principle of rule of law.

This principle requires that, if substantial doubt has been raised over the legality of an administrative decision, such doubt should be clarified, to avoid leaving an illegal decision in effect. This is also the source of the difference in the burden of proof in an administrative proceeding versus Prostitutes Sederot criminal or civil proceeding.

In an administrative proceeding, more than in a criminal or civil proceeding, the Court is likely to initiate actions that may be necessary to strengthen the body of evidence so that it can decide the legality of the administrative decision on the merits.

Therefore, once a Prostitutes Sederot has been raised about the legality of an administrative decision at the start of an administrative proceeding, the question of burden of proof does not arise again in the proceeding.

That is not always the case. Sometimes, even at the end of the proceeding, the body of evidence vacillates such Prostitutes Sederot the Court cannot use it to make the findings necessary to decide the legality of the administrative decision. In this situation, rather than decide the legality of the administrative decision on the merits, the Court may be forced to do so by ruling on the issue of the burden of proof.

However, even a decision on that issue will likely be influenced by the special nature of administrative proceedings. It is likely to be influenced by considerations of rule of law, the presumption of the constitutionality of statutes and legality of administrative decisions, the importance of the right infringed and the severity of the infringement, administrative efficiency, and other public interests.

The relative weight given to these considerations may determine whether the petitioner, who seeks something from the agency, bears the burden of proof, or whether it passes to the agency. This may explain, if only partially, the differences of opinion among the justices in Bank Mizrachi [6] over the question of the burden of proof.

In any event, in this case, as in Bank Mizrachi [6], we need not resolve the dispute over burden of proof.

I will therefore leave it to be examined at another time. The evidence produced before the Court is sufficient to allow it to rule on the proportionality of the Prostitutes Sederot provision authorizing a military police officer to Prostitutes Sederot a soldier for up to 96 hours, without having to rule on the issue of burden of proof.

In Prostitutes Sederot of the evidence, does the statutory provision authorizing a military Prostitutes Sederot officer to arrest a soldier for Prostitutes Sederot period of 96 hours withstand the proportionality test? As a preliminary question, we must ask: what determines the proportionality test. In a few decisions in recent years, the Court has answered the question of what determines the proportionality test. Finance Minister [11], in which the Court invalidated a certain provision in a Prostitutes Sederot statute because it disproportionally infringed on the right to freedom of occupation.

In order to reach its decision, the Court presented the proportionality test. This test, as the Court held, is divided into three secondary tests, as Prostitutes Sederot Barak held:. The first Prostitutes Sederot test is the test of suitability or rational connection. A legislative means that infringes on a constitutional human right — in our case, the right to freedom of Prostitutes Sederot — is proper if it is suited to achieving the objective.

There must be a suitable connection between the ends and the means. The legislative means must rationally lead to achieving the legislative objective … the second secondary test is the test of the least violative means. A legislative means that infringes on a constitutionally protected human right — in our case, the right to freedom of occupation — is proper only if the legislative objective cannot be achieved by another means whose infringement on the human right is less severe … The legislative means is like Prostitutes Sederot ladder on which the legislature climbs in order to achieve the legislative purpose.

The legislature must stop at the rung of the ladder which achieves the legislative purpose through a means least violative of the human right. Even if the means chosen is rationally suited to achieving the objective, and even if there is no means more moderate, there must be a proper relationship between the benefit it will create and the scope of the infringement on a constitutionally-protected human right … this is the test that evaluates the result of the legislation, and the effect it has on the constitutional human right.

If using a legislative means causes a severe infringement on a human right, and the benefit it is expected Prostitutes Sederot give the public is minimal, the legislation may exceed the extent necessary in the narrow sense.

The arguments in Prostitutes Sederot petition focused on the second secondary test: the choice of the least violative means. They argue that such Prostitutes Sederot infringes on personal liberty beyond what is necessary, because it is possible and appropriate to reduce the period of detention without undermining the purpose of the arrest.

What, then, is a proportional period for which a military police officer may detain a soldier? The petitioners claim that the proportional period for a military police officer to detain a soldier is the same period as that for which Prostitutes Sederot civilian police Prostitutes Sederot may detain any person, regardless of whether he or she Prostitutes Sederot a soldier.

At the relevant time, the Criminal Procedure Ordinance Arrest and Search [new version], hereinafter — Arrest and Search Ordinance established the period for which a civilian police officer may detain someone.

Section 16 of the that ordinance imparted a civilian police officer with the authority to arrest a person for no longer than 48 hours, after which the person must be released from detention or brought before a judge with a request to extend the detention. Such authority had existed for many years, including at the time these petitions were brought before the Court. The petitioners claimed that there was no justification for distinguishing Prostitutes Sederot the arrest authority of a civilian police officer and that of a military police officer, for purposes of determining the maximum period of detention.

The nature and character of military service does not justify detention by a military police officer for a longer period of time. When Prostitutes Sederot military police officer arrests a soldier for 48 Prostitutes Sederot, he or she infringes on the personal liberty of the soldier, but no more than is necessary; detention for a longer period of time infringes on personal liberty to an extent beyond what is necessary. Hence, because it infringes on personal liberty beyond what is necessary, the statute authorizing a military police Prostitutes Sederot to detain a soldier for longer than 48 hours is null and void.

The Criminal Procedure Law Enforcement Authority — Arrestshereinafter — Enforcement Authority Law rescinded in section 42 section 16 of the Arrest and Search Ordinance and reduced the period of detention by a civilian police officer. Under section Prostitutes Sederot c of the Enforcement Authority Law, the provisions of the law apply to detention under any law, Prostitutes Sederot otherwise provided for by law.

To remove any doubt, section 44 of the Enforcement Authority Law adds a provision to the Military Adjudication Law section Cunder which the provision limiting detention by Prostitutes Sederot civilian police officer to 24 hours does not apply to detention by a military police officer under the Military Adjudication Law.

After the Enforcement Authority Law was passed, the petitioner submitted Prostitutes Sederot amended petition on June 26, taking Prostitutes Sederot position that the proper period for detaining soldiers, in Prostitutes Sederot with the Basic Law: Human Dignity and Liberty, is 48 hours. Subsequently on March 11,the petitioner even notified the court that he was not seeking to reduce the Prostitutes Sederot of detention to less than 48 hours.

The suggestion is that Prostitutes Sederot the petitioner believed that the nature and character of military service justify arresting a Prostitutes Sederot for 48 hours, even though a civilian police officer is not authorized to detain a person for longer than 24 hours, or he believed that the military would require a period of adjustment to prepare for a maximum detention of 24 hours, and he Prostitutes Sederot therefore prepared to make Prostitutes Sederot with a maximum period Prostitutes Sederot 48 hours.

Even if the honored Court decides that the minimal constitutional standard is 48 hours, the principle of equal application of basic rights requires limiting the period of detention to 24 hours.

On this issue, however, the petitioners made a mistake. Prostitutes Sederot principle of equal application of basic rights applies to equal situations. This court gave expression to that principle in a few cases.

See e. Therefore, the question that will decide these petitions is not the question of equality in the periods of detention for soldiers and non-soldiers, but rather whether detaining a soldier for 96 hours infringes on personal liberty to an extent greater than is required by the nature and character of military service.

The Prostitutes Sederot of proportionality is the kind of question which has no Prostitutes Sederot answer. Proportionality cannot be measured. Indeed, how could we measure, in quantitative data, the level of harm caused to a soldier by detention or another infringement on personal liberty?

We have no Prostitutes Sederot or formula that Prostitutes Sederot measure Prostitutes Sederot force or weight of the harm caused by denying personal liberty, via arrest, for one hour or one day. Nor do we have Prostitutes Sederot machine Prostitutes Sederot formula that can measure the profit or benefit of reducing the infringement on personal liberty by reducing the detention by an hour or a day. Similarly, there is generally no precise way to measure the cost, be it economic or social, of reducing the infringement on the right.

For example, what is the social and economic cost of shortening detention by a civilian police officer from 48 hours to 24 hours? There would seem to be no way Prostitutes Sederot quote a price, even in terms of money or human resources. There is certainly no way to quote a price in terms of public order and crime prevention.

Indeed, human Prostitutes Sederot and public interests are not potatoes which can be weighed on a scale, one against the other, to see which side tips the scale. Because we cannot weigh, we must estimate. We must make an effort, in every situation, to correctly estimate the relative weight of human rights, on the one hand, and public interests, on the other. The proper balance between them is what determines proportionality.

The greater the importance of the right infringed, and the more serious the infringement, the stronger the public interest must be, in order to justify the infringement. A severe infringement Prostitutes Sederot an important right, designed to protect but a weak public interest, is likely to be considered an infringement beyond the extent required. We may imagine the relationship between the right and the public interest on one hand, and the proportionality on the other, as an equation.

In contrast to a mathematical equation, however, the value of each term of the equation is not precise, and in any event, it cannot be measured. We determine the value by estimating, and an estimate is subject to dispute. Someone may disagree. However, even when the estimation is in dispute, a decision is still necessary. The Court must Prostitutes Sederot a decision. Such is the role and authority of the Court.

Such is also its skill. The Court is accustomed to evaluating the relative weight of competing rights and interests in a variety of contexts, based on the body of data Prostitutes Sederot considerations presented, in order to arrive at the proper balance.

The Court does this generally, and proportionality is no Prostitutes Sederot. Making an evaluation based on the relevant data and considerations is the only way to determine whether a particular infringement on a particular right exceeds what is necessary. This is the right way to determine whether the detention of a soldier by a Prostitutes Sederot police officer for 96 hours infringes on personal liberty beyond the extent required by the nature and character of military service.

The respondents of course recognize the special importance of the personal liberty of a soldier, like that of any person, and they do not dispute the appropriateness of limiting the infringement on such liberty as much as possible, taking into consideration the nature and character of military service.

In that spirit, they point Prostitutes Sederot the impressive reduction of the detention period that has taken place gradually, since the original version of the Military Adjudication Law permitted two months of detention by a military police Prostitutes Sederot. Just a few years ago, when these petitions were submitted to the Court, the amended law still allowed detention by a military police officer for Prostitutes Sederot to 25 days.

The respondents viewed even that period as longer than is proportional. Thus, even before the petitions were submitted, the military, on its own initiative, began to examine the possibility of a further reduction in the period of detention. Furthermore, even today, when the maximum period of detention by a military police officer is 96 hours, the respondents believe that it is appropriate and possible to continue to reduce the period.

In the concluding paragraph of their written briefs submitted to the Court, the respondents said that:. The military authorities are aware of the need to continue trying to reduce the maximum period for which soldiers may be detained prior to being brought before a military judge.

The respondents have worked to amend the law gradually, on an experiential basis, as part of a trend toward harmonizing Prostitutes Sederot detention period, as much as possible, with that customary for the detention of civilians. This trend was expressed during a debate in the Knesset over a Prostitutes Sederot amendment to the Military Adjudication Law that would set the maximum period of Prostitutes Sederot by a military police officer at eight days, to be reduced to four days within two years.

In civilian life, when we are dealing with the civilian plane, the police are equipped with a station and authorized people and agreed-upon agencies scattered throughout the country.

Currently, there is no possibility of immediate communication, as Prostitutes Sederot is among civilian Prostitutes Sederot. In other words, before we reach the final step of total equalization between the military agency and the civilian agency, we Prostitutes Sederot to march forward significantly, but still have not reached absolute equalization …. I believe they will do it. If this is Prostitutes Sederot case, why do the respondents oppose the petitions?

The respondents Prostitutes Sederot a few reasons to support their position. We will discuss each of them, one by one, beginning with the lightest and moving to the heaviest. One reason offered by the respondents is that the Prostitutes Sederot situation is essentially better than the situation set forth by the law.

The military tries not to hold soldiers in custody for the maximum period allowed, 96 hours, unless there is a need to hold them in custody for the entire period. Such is indeed the case. But there is nothing remarkable about that.

The period of detention established in the statute is the maximum period designed for a particular purpose, primarily to conduct investigatory activities, before releasing the soldier or bringing him or her before a military judge in order to extend the detention. These activities, like any exercise of administrative power, must be done with the Prostitutes Sederot speed.

See section 11 of the Interpretation Law. Once these activities have been completed, and there Prostitutes Sederot no longer any purpose to the detention, the soldier must be released, even if the maximum period of detention has not yet elapsed. Prostitutes Sederot even if there is justification for continuing Prostitutes Sederot detain the soldier, the law requires that he or she be brought before a military judge as soon as possible, in order to extend the detention.

Compare section 29 a of the Enforcement Prostitutes Sederot Law. This obligation, however, even if fully fulfilled in practice, still does not justify a statutory provision that establishes a maximum period Prostitutes Sederot detention which is longer Prostitutes Sederot is necessary. Furthermore: we have no data Prostitutes Sederot show how many of the soldiers arrested are held in custody for the maximum allowed period, Prostitutes Sederot 96 hours, and whether they are held in custody when necessary or when not Prostitutes Sederot.

The petitioners assume that it is common practice for soldiers who are arrested to be held in custody until the end of the maximum period. In any event, the answers to these questions have no bearing on the result of the case.

Even if we were presented with Prostitutes Sederot showing that relatively very few soldiers are held in custody for the entire maximum period, it would not sufficiently answer the claim that the maximum period of detention is longer than is necessary. Such an answer could not justify a Prostitutes Sederot detention period of two months or eight days.

Such an answer could not, at the relevant time, have Prostitutes Sederot the reduction in Prostitutes Sederot maximum period of detention by a civilian police officer from 48 to 24 hours.

The proportionality test for the detention period also relates to the maximum period of detention, meaning the period established by the statute, and not just the period of detention in practice for this or that soldier.

Prostitutes Sederot the maximum period infringes on personal liberty beyond what is necessary, that is the case even if it infringes Prostitutes Sederot the liberty of just a few people. Even the personal liberty of a single individual is worthy of protection as though it were the liberty of the entire world. In any event, this claim raised by the respondents appears to have failed to convince even the respondents themselves, because they concede the appropriateness of reducing the period of detention from what is it today.

The respondents raise an additional claim, Prostitutes Sederot a Prostitutes Sederot vein, that, de facto, the infringement on personal liberty of a soldier arrested by Prostitutes Sederot military police officer is Prostitutes Sederot so severe. First, under section aa soldier who has been arrested may submit an appeal to a military attorney. Second, under sections A b and A d Prostitutes Sederot, even if the soldier does not submit an appeal, the arrest must be brought before a Prostitutes Sederot attorney for approval within 48 hours of the arrest, and if the arrest is not brought for such approval, the soldier is released.

Third, under section A ca military attorney may order a reduction in the period of detention or the release of the soldier. If the military attorney decides not to grant the request or appeal under section ahe Prostitutes Sederot she must bring the matter to the decision of the Chief Military Attorney or his or her deputy.

And, under sectionthe Chief Military Attorney may rescind any warrant issued by an adjudication officer. However, according to the petitioners, this complicated and impressive system of internal review of the arrest of soldiers does not sufficiently address the charge Prostitutes Sederot a disproportional infringement on the personal liberty of the soldier arrested. First, the general rule is that arrest by virtue of an arrest warrant issued by a police officer, whether civilian or military, must be reviewed by a judge as soon as possible.

True, a military attorney is a senior officer at the rank of lieutenant colonel, with legal training and legal experience, holding a respected position and even enjoying professional independence Prostitutes Sederot the chain of command. However, he or she is not a Prostitutes Sederot. Review by a military attorney is Prostitutes Sederot review; review by a judge is external Prostitutes Sederot. Internal review takes place in the office of the military attorney, based on documentary evidence; external review takes place in a courtroom, in the presence of the detainee.

There is a substantial difference between the two. Because Prostitutes Sederot arrest severely infringes on the right to liberty, it must be reviewed externally. Second, the large number of arrests, coupled with the tight schedule of each arrest, creates practical difficulties for a military attorney seeking to exercise review, as the statistics demonstrate. It would seem, then, that internal review by a military attorney, important as it is, and as much as it affects the question of proportionality, is not an adequate substitute for external review by a military judge.

We thus return to the original question: Does a period of detention of no more than 96 hours infringe on the personal liberty of Prostitutes Sederot soldier, as the respondents claim, to an extent no greater than is required by the nature and character of the military service?

Both the respondents as well as the petitioners Prostitutes Sederot to bolster their claims with examples from legal systems in other countries. The parties presented the Court with numerous sources from English, U. If truth be Prostitutes Sederot, however, it is difficult to glean any clear message or make effective use of examples from foreign legal systems. Indeed, Prostitutes Sederot each of these systems, commanders have the power to arrest soldiers under certain circumstances, subject to review of the arrest within a short period of time.

The review conducted, however, is generally internal, by commanders who do not necessarily have legal training, rather than Prostitutes Sederot judges.

The respondents apparently correctly point out that in none of the countries they investigated does the law require review by a military judge within 24 or even 48 hours. In contrast, the German Military Discipline Law of requires in section 17 the release of a soldier arrested for a disciplinary violation no later than the end of the day of his or her arrest, unless a judge issues an arrest warrant, and for a Prostitutes Sederot violation, there is no difference between the period of detention authorized for soldiers and non-soldiers.

In any event, the law in Israel requires us to evaluate the proportionality of the period of detention Prostitutes Sederot light of the nature and character of military service in Israel.

The nature and character of military service in Israel differ from those of military service in other countries. Therefore, and particularly because the Prostitutes Sederot regarding review of the arrest of soldiers differs from country to country, comparative law would not appear to be terribly useful to the issue at hand.

In that case, do the nature and character of military service in Israel require or justify authorizing a military police officer to Prostitutes Sederot a soldier for 96 hours before bringing him or her before a military judge? During the course of oral arguments in July of Prostitutes Sederot, the Court asked the Prostitutes Sederot if they would agree to draft an amendment to the Military Adjudication Law that would, byreduce the maximum period of detention of a soldier by a military police officer to 48 hours.

The respondents notified the Court on September 30, that, after holding consultations on that question at the highest levels of the military and with the State Prosecutor and Attorney General, they reached the following conclusion:.

The military authorities in charge of the issue concluded that it would be almost impossible to reduce the initial period of arrest to 48 hours, beginning Prostitutes Sederot July of … first, the military needs to learn its lessons from the transition to the current legal situation of bringing soldiers before a judge within 96 hours …. The issue is not just the financial significance of expanding human resources to handle the Prostitutes Sederot yearly increase of thousands of arrest procedures and arrest appeals.

It is also a question of formulating working rules for the different players within the military system who need to make sure that soldiers who are supposed to remain in custody are not Prostitutes Sederot simply Prostitutes Sederot the system has not yet taken steps to implement the new legislation. The military system has a real fear Prostitutes Sederot a transition, within a year, to a requirement that the arrest be extended Prostitutes Sederot 48 hours, before the system has taken steps to properly prepare, will result in a variety of undesirable situations.

These include not having Prostitutes Sederot time to complete essential investigations and collect evidence in cases involving soldiers who desert or go absent without leave. It may Prostitutes Sederot impossible to summon the commanders of these soldiers to adjudicate their cases through disciplinary hearings, and investigatory activities will have to cede to increased attention to procedures involving extensions of arrest.

If this happens, more soldiers are likely to absent themselves from military service, undermining Prostitutes Sederot discipline, obstructing investigations, and causing other kinds of damage. The position of the IDF should be noted: bringing a soldier for extension of arrest within 48 hours is a desirable goal.

However, achieving that goal requires the military to evaluate the practical aspects and the arrangements necessary to implement it. Prostitutes Sederot military has therefore decided to take Prostitutes Sederot year to evaluate the new hour requirement, beginning when the amendment to that effect enters into force in July, At the end of that year of evaluation, as draws near, the military will propose another amendment which will Prostitutes Sederot the maximum initial period of arrest, before review by a judge, to Prostitutes Sederot hours, so long as circumstances do not require an additional, brief delay of the amendment.

They said that it would need to reinforce the means of transporting detainees, assign more people to guard detainees being transported, bolster human resources in the legal system judges, prosecutors, defense lawyers, etc. They estimate needing another 40 professional soldiers and another 40 drafted soldiers, as well as another 40 vehicles for transporting prisoners, eight buses, communications devices, computer systems, construction, and the like.

The respondents did not provide data or explanations to serve as a basis for their estimate. These resources would be necessary to reduce the period of Prostitutes Sederot primarily because of the current system in place for arresting soldiers, interrogating detainees, extending arrest, and trying soldiers in a disciplinary hearing or criminal procedure.

However, it may be possible to change the current procedures if necessary, via legislation and improve the current practices in such a Prostitutes Sederot as to reduce substantially the amount of Prostitutes Sederot and human resources necessary while simultaneously conducting proceedings more quickly.

For example, a primary reason for the difficulty in extending the arrest of soldiers is the practice of bringing the soldier to the military tribunal in the judicial district of the unit in which he or she serves. For example, a soldier serving in the Northern Command who commits an offense such as desertion and is arrested by Prostitutes Sederot military police officer in southern Israel, will be taken to the Northern Command tribunal Prostitutes Sederot sits in Haifa, rather than to a tribunal close to the place of arrest.

We might question whether this is the optimal practice, considering the resources it requires. Perhaps if this practice is changed, and the military improves the means of Prostitutes Sederot communication available to legal officials to facilitate the transfer of legal materials relating to detainees, it will be possible to conserve the resources which, according to the respondents, would currently be Prostitutes Sederot to reduce the period of detention.

Or, perhaps it could bring them to two or three centers, each of which would house the necessary number of military attorneys and judges who could quickly review requests to extend the period of arrest? However, as long as the practices of arrest and extension of arrest do not infringe Prostitutes Sederot the rights of soldiers, they are the concern of Prostitutes Sederot military, and it is for the military to evaluate them and decide what Prostitutes Sederot do.

The petitioners claim that the nature and character of military service poses no special considerations that require a detention period of 96 hours. They further claim that there is Prostitutes Sederot in a shorter period to undermine the nature and character of military service. This claim of the petitioners gives an unduly narrow interpretation to the nature and character of military service. The nature and character Prostitutes Sederot military service include maintaining military discipline, cracking down on absenteeism, and the like.

This is the very claim of the respondents, Prostitutes Sederot reducing the period of detention, at this stage, is likely to undermine military discipline, exacerbate the phenomenon Prostitutes Sederot absenteeism, and lead to other consequences destructive of the nature and character of military service.

However, the respondents Prostitutes Sederot not present these negative consequences as inevitable. They acknowledge that they can be prevented. In order to prevent these consequences, they say, they need two things: time and resources. The question is therefore whether at this time, these needs justify not reducing Prostitutes Sederot period of detention. First, we will evaluate Prostitutes Sederot need for resources.

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Can the need for resources obstruct a reduction in the period of detention? In Prostitutes Sederot, it is possible that the scope of the resources required can, as a practical matter, prevent a reduction in the period. Indeed, as the Prostitutes Sederot goes [under the system of assigning Prostitutes Sederot numerical value to the letters in Hebrew words — trans.

The respondents submitted to the Court an itemization of the resources necessary to reduce the period of detention. These resources, while in no way negligible, are not beyond the means of the military. Each year, military police officers arrest approximately 10, soldiers mostly for the offense of desertion.

What Prostitutes Sederot the scales? The Prostitutes Sederot primarily depends on the relative weight of the liberty and the resources. What, then, is that relative weight? That question puts Israeli society to the test: society is judged, among other things, according to the relative weight it accords to personal liberty. That weight should be expressed not just in lofty declarations and not just in law books, but also Prostitutes Sederot the budget ledger.

Protecting human rights generally has a cost. Society should be prepared to pay a reasonable price for protecting human rights. Defense Minister [19] at; APPsupra [7] at See also Barak, supra [21] at Considering Prostitutes Sederot special weight accorded to reducing the infringement on the personal liberty of soldiers, the price that must be paid in human and financial resources to reduce the existing period Prostitutes Sederot detention appears to be reasonable.

This would hold, a fortiori, if additional Prostitutes Sederot reveal that it is possible and this seems only logical to change the system and practices concerning the arrest of soldiers, such that the price will go down. In any event, this price is an insufficient reason for violating the personal liberty of so many soldiers, beyond the extent required by the nature and character of military service. Indeed, reducing the period of arrest by a civilian police officer from 48 hours to 24 hours required the police to make the appropriate adjustments, including expenditures of financial and human resources.

That cost did not stop the legislature from reducing the period of arrest, Prostitutes Sederot of its willingness to pay a price for the protection of individual liberty. See para.

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Finance Minister [11] at In his opinion ch. On this issue, he says, inter alia, that:. The State of Israel is a small state geographically, and therefore there is not and could not be a logistical obstacle, stemming from the character of military service, to bringing a solder before a judge sooner. Nor Prostitutes Sederot we abide any other explanation, such as the excuse that an overworked military adjudication system is not currently prepared to handle the anticipated number of requests stemming from arrests.

In my opinion, there is no justification for extending the detention of a soldier or civilian, without a judicial order, simply because the legal system is not prepared to handle it appropriately.

The respondents notified the Court in September, that following the then-planned reduction in the maximum period Prostitutes Sederot detention to 96 hours in July,they would need a year to Prostitutes Sederot the new arrangement. Because the military itself Prostitutes Sederot the desirability and feasibility of reducing the period of arrest, it had substantial time to Prostitutes Sederot for reducing the period, throughout the proceedings in these petitions.

So far, however, the respondents have not notified us of steps they have taken or are taking to reduce the period of time. In any event, we have not received a draft of a law proposing such reduction, although the end of the year is near, and the year is approaching.

Apparently, the Court must rule on the issue. Prostitutes Sederot conclusion is that the amending statute setting 96 hours as the maximum period for which a Prostitutes Sederot police officer may detain a soldier no longer meets the proportionality test. What remedy flows from this conclusion? This Court has repeatedly said that it exercises caution and restraint in declaring that a statutory provision violates the Basic Law: Human Dignity and Liberty and is therefore invalid.

In this case, however, even the respondents acknowledge that the amending statute infringes on the personal liberty of soldiers beyond the extent required and desirable and that the statutorily-mandated period should be reduced to no more than 48 hours. The dispute between the Prostitutes Sederot and respondents appears to be over the resources necessary to achieve what they agree is desirable.

Considering the special significance of personal liberty, and considering that the statute at hand applies to the arrest of approximately 10, soldiers each year, the resources necessary are not so extensive as to prevent or even to delay amending Prostitutes Sederot statute to reduce the period of time for Prostitutes Sederot a military police Prostitutes Sederot can detain a soldier, to the point where the infringement on personal liberty no Prostitutes Sederot exceeds the extent Prostitutes Sederot.

We therefore declare that the provision of the amending statute that sets the maximum period of detention at 96 hours infringes on the Basic Law: Human Dignity and Liberty, because it infringes on the right to personal liberty, as set out in section 5 of the Basic Law, to an extent greater than is required by the nature and character of military service. The provision is invalid. What statutory provision should replace the invalid provision?

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In this case, the Court need not answer the question, because Prostitutes Sederot respondents themselves concluded, in their submission to the Court, that the statute should set a maximum period of 48 hours.

Does a period of 48 hours pass the proportionality test? The legislature has the authority to set the period of detention, and it has discretion Prostitutes Sederot decide what period of time is required, so long as that period does not exceed the zone of proportionality. It would seem that if the legislature set a maximum period of 48 hours, as the respondents suggested, as of today, a good argument Prostitutes Sederot be made that Prostitutes Sederot period would not deviate from the zone of proportionality mandated by the Basic Law: Human Dignity and Liberty.

At this point, the Court need not give a more binding answer. It may be prospective, Prostitutes Sederot circumstances justify it, in order to allow for the appropriate steps to be taken in order to prepare for the invalidity. Prostitutes Sederot circumstances of this Prostitutes Sederot warrant our deferring the effective date of the declaration of invalidity, in order to give the respondents enough time to propose the necessary bill to the Knesset, to give the Knesset enough time to debate the bill, and also to give the respondents enough time to prepare the military for the expected legislative changes.

Therefore, the declaration of invalidity will not take effect until six months from the date of this decision. Regretfully, I cannot join the opinion of my colleague, Justice Zamir, even though, in principle, I agree with the theoretical analysis that underlies his decision.

Prostitutes Sederot the arguments in this case, the military made it clear that it is committed to reducing the period of arrest-without-order in the military context, and it even gave the year as a desirable target date. The amendment requested — and anticipated, once the military finishes preparing for it — will reduce the maximum period of arrest-without-order under section A of the Military Adjudication Law to 48 hours.

I therefore see no need for us to accelerate the legislative process, which is the practical result of our decision. As my colleague notes in Prostitutes Sederot opinion, the two petitions at hand are theoretical petitions.

Turning to the case Prostitutes Sederot hand — and acknowledging the special importance of the basic right to individual liberty and freedom of movement Prostitutes Sederot it addresses — I do not think the two petitions submitted meet the exceptional criteria which would justify hearing arguments in the Prostitutes Sederot and relinquishing the test of implementation from which we Prostitutes Sederot when we resolve an actual problem.

The military authorities have declared that they recognize the need to harmonize these arrests in the military with civilian arrests.

As a result, in practice, the system of review Prostitutes Sederot by the Military Adjudication Law will be working on this issue.

There is therefore no practical need for a judicial declaration of the invalidity of section A of the Prostitutes Sederot, before the military has completed its efforts on this front. The Court does not evaluate acts of legislation on Prostitutes Sederot merits, but rather interprets them according to their language. When interpretation of a piece of legislation reveals that it does not meet the criteria set out in a Basic Law, it must be invalidated. Invalidation of this sort stems from the intent of the legislature, which established criteria for the constitutionality of a statute and left the Court with the authority to conduct constitutional review by interpreting the Prostitutes Sederot.

Legislative acts are the exclusive province of the legislature. The Court does not step into the shoes of the legislature but rather interprets its statutes. This role does not change, even when judicial interpretation of a piece of legislation leads to its Prostitutes Sederot, because the statute did not meet the constitutional criteria established by the legislature itself. Interpretation of a law, at the end of the day, reflects the purpose for which it was enacted.

This is generally the situation, including in cases of constitutional interpretation, whose result may lead to a law being invalidated because it is unconstitutional. The Court Prostitutes Sederot the constitutional gatekeeper, while the legislature dictates the rules of gatekeeping.

Evaluating whether a piece of legislation withstands the constitutional test of Prostitutes Sederot is not a mechanical task. Prostitutes Sederot requires a thoughtful and delicate Prostitutes Sederot of interests. I see no reason to establish such authority for theoretical petitions. In any event, in my opinion, such authority should not be implemented, as a practical matter, when it is not necessary to solve an actual problem.

The authority to invalidate is a unique and special power, stemming from the will of the legislature to ensure objective, external review of its statutes for compliance with the constitutional criteria it creates for itself. The less this power is used, the more confidence the legislature will have in the reviewer who wields it, pulling the rug from under table of those who criticize the reviewer and the review it exercises.

I personally doubt that the legislature erred in gradually bringing an old statute into conformity with the requirements of constitutional proportionality which are not required of an old statute. That is the case raised by the Prostitutes Sederot petitions. Because of this character of judicial review Prostitutes Sederot on constitutionality, it should be used only in the most exceptional cases, when intervention is unavoidable. I would have chosen to deny the petitions on the grounds they are theoretical and do not, at this stage, justify conducting constitutional review Prostitutes Sederot the latest amending provision of section A of Prostitutes Sederot Military Adjudication Law.

However, I see fit to briefly address four of the issues that my colleague discussed in his extensive and instructive opinion:. Rather, for purposes of constitutional review, it should be treated as part of the original statute which it amends. Doing so will encourage the enactment of beneficial amending statutes.

That is especially the case for a beneficial amending law that is part of a process of bringing an old statute into conformity with the constitutional requirements that came into effect only after the statute was enacted.

In my opinion, that is reason enough to deny the petitions and leave the military authorities to continue their efforts to bring their practices into conformity with the rules for civilian arrests. It is consistent with my objection to subjecting a beneficial amending statute to the requirements of the Basic Laws. It also flows, in my opinion, from the restraint required of the Court on this issue. The first is the interaction between the deployment of the military Prostitutes Sederot the location of its legal institutions, in light of their jurisdiction over the soldier arrested.

The military has a special interest in maintaining authority and jurisdiction within the different forces and according to the existing command structure. Then she dropped the bread into the bucket and Prostitutes Sederot lit a match.

For a little while they watched the flame do its worst, until Prostitutes Sederot stench of burnt toast forced Prostitutes Sederot back inside.

The bucket remained out on the patio all day, blackened toast quarters disintegrated at the bottom.

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Joanna was home Prostitutes Sederot the sederot so, of course, the task of setting the table fell to her. Once upon a time there had been no greater pleasure than in her imagined grown-up responsibility of making the table look prettybut she was a ripe thirty-one now, a ways away from Prostitutes Sederot. And as she unpacked her Grandma Bess' ancient, precious Passover china from its musty foam crate, she smiled at the memory of her mother's sly manipulation: it's your job to make Prostitutes Sederot table look Prostitutes SederotJoJo!

Once upon a time she had relished the assignment. She would fuss about the precise angle and distance of the wine glass from plate and knife, feel betrayed when guests actually sat down to eat, messed up her Prostitutes Sederot settings, ringed the crystal with lipstick.

She set each plate so that the stem of its big centered red poppy extended downward. She cared considerably less these days about place setting precision, but she would not betray the girl she had been. Evenly spaced flatware was the other crucial thing.

When the foam Prostitutes Sederot crate was empty, though, and there were only eleven delicate red poppies flowering within thick navy-blue borders ringed with gold leaf evenly spaced around the table, Joanna felt defeated. The twelfth plate, she fully recalled, had been broken during a raucous party she had hosted in the eleventh grade. Josh Weinstein, her first love, had raided the Prostitutes Sederot looking for snacks.

Prostitutes Sederot here! It had sailed for what seemed Prostitutes Sederot hours, spinning Prostitutes Sederot through the air toward Jay. She remembered having giggled, in spite of herself.

Tee hee. Joanna shrugged, looked at the floor. Honestly, Joanna. Things break. She had expected her mother to be more upset. The end of the world, even. Marilyn kept on mixing. Je sus. It was driving her insane; she wanted to rip into her vagina with an axe, to tear it apart and revel in the ecstasy of the itch relieved.

She had a Problem in her Pants, as the girls in her co-op in college used to say. Grandpa Jack was, naturally, even longer gone than his blushing bride. There was a picture of them, fingers intertwined, sepia cheeks pressed delightedly together, dressed to the nines, about to leave on their honeymoon, front and center on top of the baby grand in the living room. Marilyn briefly Prostitutes Sederot her recipe, pulled nutmeg off the spice rack, and added two decisive shakes to the bowl.

More even than the little individual dipping bowls of saltwater Prostitutes Sederot to approximate tears. Marilyn gave her a friendly little shove. Fifty people are going to be here in a half-hour and you.

When she was expecting company, Marilyn tended toward hyperbole and dare we? There were exactly twelve people coming: Aunt Prostitutes Sederot and the axis of asshole Uncle Larry and cousins Kevin and Jasonsad-sack still-single Uncle Steve, Aunt Jackie and her silent, obese boyfriend Bob, studying-for-about-six-years-now-to-become-a-beautician cousin Stacey. Joanna, Marilyn, and Ron.

And Harris. A non-Jew.

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A non-Hispanic. A non-female. So Joanna reluctantly got out a plate from the Prostitutes Sederot second-tier Passover set—ceramic yellow with proliferate pink daisies.

Like a hooker at high tea. She set it at her own place, disgusted by the awful aesthetic of it, then allowed herself a quick, feral itching interlude, hand down the waist of her jeans, Prostitutes Sederot the corner of the dining room, hunched over like a pervert jerking off in public. The reprieve was borderline orgasmic—she saw rainbows, she saw Prostitutes Sederot a nice little thread of pain sliced through like gold leaf. She let out a small involuntary sigh and examined her fingers: white, pasty, not altogether too heinous-smelling, Prostitutes Sederot.

In the kitchen, Marilyn was racing around like Julia Child on crack. Can I be excused?

Marilyn made a big show of rinsing her hands off and drying them on a dishtowel, which she then folded decisively in quarters and set down next to the sink.

The list went on. Breaker of plates, eschewer of inter-generational cultural responsibility, what else? Her crotch burned. Sweet Ron got such immense pleasure from the claim that anyone at the door on Passover was, in fact, Elijah. It never got old. For the rest of the evening, whenever the Prostitutes Sederot rang, he would invariably pause, straight-faced, dopey, joyful, before making the joke anew.

Behind him the afternoon was ending, and the light was prismatic and warm, like in a well-taken photograph on specifically appropriated Prostitutes Sederot.

Joanna felt a little joy hiccup bubble up the center of her chest. Her very own bass-and-drums-playing borderline hippie college football champion. He had gifted her with a painstakingly compiled homemade CD mix on their second date, full of all sorts of hidden, funny references to things they had talked about on their first, some of which she was still decoding.

He was perfect in bed: ravenous, unshockable, but not the slightest bit sleazy. Did such men really exist? He raked a hand through his hair sand-colored, shaggy, lovely and stepped over the threshold. Joanna, at five-ten, came up to his chest, which was, for a tall girl, a sexual intoxicant like no other.

She could not have been more attracted to him. It was like a sickness. When he kissed her she felt that thing ; Prostitutes Sederot thing she Prostitutes Sederot have identified as love, as happiness, had she any concrete Prostitutes Sederot experience with either to which she Prostitutes Sederot yoke it.

Prostitutes Sederot these guys were the same: lionized beyond repair by doltish, worshipful mothers, interested ultimately in doltish, worshipful girlfriends-cum-wives. These boys invariably rejected the hell out of her being, as she was, neither doltish nor Prostitutes Sederot worshipfuland in return, she developed a steaming, pulsating, Prostitutes Sederot unwieldy contempt for the whole summer-camp-whoring lot of them.

She worked afternoons to closing. He ran a recording studio nearby, she found out later, and would stumble in at noon, read the paper, go to work at two or Prostitutes Sederot. Let it breathe. Marilyn used to say that, an admonishment to never wear underwear to bed. Your vagina needs to breatheJoanna could recall hearing in lieu of a bedtime story, covers pulled to her chin.

A pretty disconcerting image for a Prostitutes Sederot girl, needless to say—she had feared for years that she was smothering her vagina under clothes all day, that the beast of it teeth and all was gasping for air under her jeans.

The absurdity of finding a philo-Semite here, in her life! She had suggested that they simply skip Passover, stay in Berkeley, go out for Indian, what did she care? You get constipated, you get sick on bad wine, you talk biblical mythology until everyone Prostitutes Sederot off in their bone-dry matzo-cake. I promise, it sucks! And here they were. Then back into it when she realized who gave a fuck. A cool breeze fanned the flame of her womanhood. She relished the air.

Harris opened his messenger bag, removed a bottle Prostitutes Sederot Coke. He froze, mid-sip, looked left and right. What do we do? Should I, like, shower or something? No one has to know. They stretched out on her old trundle bed with white aluminum curlicue frame. He was huge, a bear. He enveloped her entirely, radiating warmth like clothes fresh from the dryer. Me too.

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Review by a military attorney is internal review; review by a judge is external review. It alleges that the provisions of the Military Adjudication Law, under which the petitioner was arrested, are null and void because they violate the Basic Law: Human Dignity and Liberty.