Prof. Bendor Ariel L.

Prof.
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Telephone: 
03-5318813
Office: 
Room 120
Reception hours: 
Meetings should be coordinated in advance

Research

Research interests: 
constitutional law, administrative law

Publications

HEBREW

BOOKS (AUTHOR)

  1. Basic Laws (forthcoming, 2013).

  2. The Hat Maker: Discussions with Justice Aharon Barak (2009) - with Zeev Segal.
  3. Basic Law: The Army (2000) - with Mordechai Kremnitzer.

BOOKS (EDITOR)

  1. Itzhak Zamir Book on Law, Government and Society (2006) - with Yoav Dotan.

BOOK CHAPTERS

  1. The Constitutional Status of the "Criminal Law as Last Resort" Principle, Justice Eliyahu Mazza Book (forthcoming, 2013) - with Hadar Dancig-Rosenberg 
  2. On Law, Government and Society: A Discussion with Itzhak Zamir, Itzhak Zamir Book on Law, Government and Society 15-44 (Ariel L. Bendor & Yoav Dotan - editors, 2006) - comoderator, with Yoav Dotan.
  3. Human Rights of Children, Itzhak Zamir Book on Law, Government and Society 93-118 (Ariel L. Bendor & Yoav Dotan - editors, 2006) - with Shulamit Almog.
  4. Equality and Governmental Discretion: On Constitutional and Administrative Equality, Chief Justice Shamgar Book 287-308 (Articles - part A, Aharon Barak - chief editor, 2003).
  5. The Legal Status of Basic Laws, Justice Berenson Book 119-181 (volume II, Aharon Barak & Chaim Berenson - editors, 2000).
  6. Political Parties: A Matter of Law, The Demise of Parties in Israel 274-280 (Dany Korn - editor, 1998).
  7. Freedom of Fertility as a basic Human Right, Unusual Pregnancy 115-136 (Shulamit Almog & Avinoam Ben-Ze'ev - editors, 1996) - with Shulamit Almog.
  8. Case-Law of Political Parties in Israel, The Parties Act in Israel: Between a Legal Framework and Democratic Norms 63-88 (Dan Avnon - editor, 1993).
  9. Disqualification of Judges as a Result of favoritism, Human and Civil Rights in Israel 403-404 (Tali Ben-Gal, Dana Alexander, Ariel L. Bendor & Sharon Rabin - editors, 1992)

ARTICLES

  1. The Constitutional Status of Victims' Rights, Tel-Aviv U. L. Rev. (forthcoming, 2013). 

  2. The Mutual Swallowness of Law and Ethics in Appointments of Senior officials in Israel, L. & Business (forthcoming, 2013) - with Michal Tamir.

  3. On the Proportionality of Proportionality, 42 Hebrew U. L. Rev. 1097 (2012) - with Tal Sela.
  4. Trends in Israeli Public Law: Between Law and Judging, 14 U. Haifa L. & Government J. 377 (2012).

  5. Empirical Legal Studies in Israel: Findings and Insights, 34 Tel-Aviv U. L. Rev. 351 (2011) - with Yifat Holzman-Gazit/

  6. The Limits of Justice Barak (Or, Does Judicial Discretion Really Exist), 9 Mishpat Umimshal (University of Haifa Law & Government Journal) 261-295 (2005).
  7. Just Talk, 1 Haifa Law Review 327-342 (2004).
  8. The Life of Law Has Been Logic, and Hence Everything is Justiciable: On Appropriate Legal Formalism, 6 Mishpat Umimshal 591-603 (2003).
  9. Four Constitutional Revolutions?, 6 Mishpat Umimshal 305-310 (2003).
  10. Public Security in Israel: The Legal Framework, 3 Studies in National Security 21-28 (2002).
  11. Constitutional Cliches: Between Public Expression and Private Dignity, 32 Mishpatim (Hebrew University Law Review) 623-667 (2002) - with Michal Tamir.
  12. Literary Critique of Law: Critical Comments, 18 Bar-Ilan Law Studies 85-117 (2002).
  13. A Judge and a Writer - A Conversation with Itzhak Englard and Abraham B. Yehoshua, 18 Bar-Ilan Law Studies 17-29 (2002) - comoderator with Shulamit Almog.
  14. Criminal Record without a Conviction, 16 Law & Army 95-107 (2002).
  15. Military Atmosphere in Judicial Review: Between Justiciability and Populism, 9 Plilim (Israel Journal of Criminal Justice) 413-441 (2001) [reprinted in: Army, Society and Law 413-441 (Daphne Barak-Erez - editor, Ramot Press - Tel-Aviv University, 2002)].
  16. Entrenchment and Constitution: Bergman and the Constitutional Discourse in Israel, 31 Mishpatim 821-836 (2001).
  17. The Administrative Authority of Itzhak Zamir, 5 Mishpat Umimshal 571-576 (2000).
  18. Administrative Law and Reality, 15 Bar-Ilan Law Studies 365-376 (2000).
  19. The Attorney-General: The Law and the Government, 44 Hapraklit (Israel Bar Journal) 423-448 (1999) - with Zeev Segal.
  20. The Basic Laws as Basis for a Constitution, 5 Mishpat Umimshal 15-48 (1999).
  21. People as Means-Only: The Legal Aspect, 1 Dvarim 76-81 (1998).
  22. Against the Relativity of Basic Rights, 4 Mishpat Umimshal 343-344 (1998).
  23. Against the Annulment of Direct Election of the Prime Minister, 4 Mishpat Umimshal 1-12 (1997).
  24. Developments in Basic Civil Liberties in Criminal Procedure and Evidence, The 1995-96 Yearbook of Israeli Law 481-542 (1996).
  25. Confessions as Evidence: Between Objects and Means, 5 Plilim 245-276 (1996).
  26. The Legal Status of Political Agreements, 3 Mishpat Umimshal 297-320 (1995).
  27. Judicial Review According to Justice Menachem Elon, 25 Mishpatim 481-497 (1995) - with Shulamit Almog.
  28. Defects in the Enactment of Basic Laws, 2 Mishpat Umimshal 443-454 (1994).
  29. The Constitutional Status of the Knesset Rules of Procedure, 22 Mishpatim 571-585 (1993).
  30. Criminal Offences and Prior Restraint, 3 Plilim 240-250 (1992).
  31. Review of Recent Cases, 1 Mishpat Umimshal 213-221, 509-531 (1992-93).
  32. Administrative Law as a Theory of Administration, 1 Mishpat Umimshal 145-164 (1992).
  33. The Discretion of the High Court of Justice: What are the Rules?, 21 Mishpatim 161-174 (1992).
  34. Problems in Codification of the General Part of Administrative Law, 9 Bar-Ilan Law Studies 155-187 (1991).
  35. Freedom of Defamation, 20 Mishpatim 561-590 (1991).
  36. State Contracts and the Budget Act, 19 Mishpatim 85-203 (1990).
  37. The Right of Political Parties to Participate in Elections to the Knessset, 18 Mishpatim 269-296 (1989).
  38. Justiciability in the High Court of Justice, 17 Mishpatim 592-636 (1988).
  39. Freedom of Expression in Advertising on Public Notice Boards, 17 Mishpatim 171-186 (1987).

ENGLISH

BOOK CHAPTERS

  1. The Constitutional Significance of the Jewishness of Israel, The Israeli Nation State: Political,    Constitutional and Cultural Aspects (Fania Oz-Salzberger & Yedidia Stern - eds., forthcoming,  2013)
  2. The Purpose of the Israeli Constitution, Israeli Constitutional Law in the Making - Comparative and Global Perspectives (Aharon Barak, Daphne Barak-Erez & Gideon Sapir - eds., forthcoming, 2013)

ARTICLES

  1.  Symposium: Justice Aharon Barak, The Judicial Discretion of Justice Aharon Barak, 47 Tulsa L. Rev. 465 (2011) – with Zeev Segal.
  2. Symposium: Justice Aharon Barak, The Relevance of the Discourse of Judicial Activism v. Judicial Restraint, 47 Tulsa L. Rev. 331 (2011).
  3. The Constitutional Status of Human Dignity in Germany and Israel, 44 Isr. L. Rev. 25 (2011) – with Michael Sacks. 

  4. Justiciability of the Israeli Fight against Terrorism, 39 George Washington International Law Review 149-163 (2007).
  5. Is It a Duck? On the Israeli Written Constitution, 6 Yale Israel Journal 53-59 (Spring 2005).
  6. The Israeli Constitution and the Fight against Terror, 11 Constitutional Forum 37-41 (2003).
  7. Conceptualizing Yahoo! v. L.C.R.A.: Private Law, Constitutional Review and International Conflict-of-Laws, 25 Cardozo Law Review 2089-2142 (2004) - with Ayelet Ben-Ezer.
  8. On Aristotelian Equality, the Fundamental Right to Equality, and Governmental Discretion, 8 Review of Constitutional Studies 1-19 (2003).
  9. The UN Convention of the Rights of the Child Meets the American Constitution: Toward a Supreme Law of the World, 11 International Journal of Children's Rights 273-289 (2003) - with Shulamit Almog.
  10. The Constitution and Conflict-of-Laws Treaties: Upgrading the International Comity, 29 North Carolina Journal of International Law & Commercial Regulation 1-33 (2003) - with Ayelet Ben-Ezer.
  11. Constitutionalism and Trust in Britain: An Ancient Constitutional Culture, A New Judicial Review Model, 17 American University International Law Review 683-722 (2002) - with Zeev Segal.
  12. Investigating the Executive Branch in Israel and in the United States: Politics as Law, The Politics of Law, 54 University of Miami Law Review 193-245 (2000).
  13. Parties in Israel: Between Law and Politics, 1 San Diego International Law Journal 101-113 (2000).
  14. Prior Restraint, Incommensurability, and the Constitutionalism of means, 86 Fordham Law Review 289-360 (1999).
  15. Are there Any Limits to Justiciability?, 7 Indiana International & Comparative Law Review 311-377 (1997).

RESEARCH PROJECT

  • Initial Periodic Report of the State of Israel Concerning the Implementation of the Convention on the Rights of the Child (CRC) (2001) - coeditor of the legal parts, with Shulamit Almog.

Resume

EDUCATION:

LL.B., cum laude, Hebrew University of Jerusalem, 1988.

LL.D., Hebrew University of Jerusalem, 1994.

VISITS (INCLUDING POST-DOCTORATE) IN ACADEMIC INSTITUTES ABROAD:

1998-1999: Visiting Scholar, Yale Law School.

OFFICES IN ACADEMIC ADMINISTRATION (selection):

2012-present: Member of the Senate, Bar-Ilan University.

2012-present: Member of the Appeal Committee on Decisions of the Academic Appointments Committee, Bar-Ilan University.

2012-present: Head of the Community Relations Committee, Faculty of Law, Bar-Ilan University

2011-2012: Member of the Academic Committee of Bar-Ilan University Press.

2010-present: Head of Center for Media and Law (in inauguration), Bar-Ilan University.

2010: Member of the Committee for Review of the Rules of Public Activity on Campus, Bar-Ilan University.

2009-2012: Member of the Academic Appointments Committee, Bar-Ilan University

2009-2010: Member of the Committee for Review of The Academic Appointments' Procedures, Bar-Ilan University.

2008 - present: Director of the Publishing House, Bar-Ilan University Faculty of Law.

2005-2007: Dean of Students, University of Haifa.

2002-2005: Dean, Faculty of Law, University of Haifa.

2003-2004: Member of the Executive Committee, University of Haifa.

2002-2007 - present: Member of the Senate, University of Haifa.

2000-2001: Member of the Council of Graduate Studies University of Haifa.

1999-2000: Co-Editor-in-Chief, University of Haifa Press.

TEACHING FIELDS:

Constitutional Law, Administrative Law.

EDITING AND EDITORIAL BOARD MEMBERSHIP:

2008 - present: Director of the Publishing House, Bar-Ilan University Faculty of Law.

Co-Editor (with Yoav Dotan), Itzhak Zamir Book on Law, Government and Society (Harry and Michael Sacher Institute for Legislative Research and Comparative Law, 2006).

2003 - present: Member of the Editorial Board, IDF Law Review.

2003 - present: Member of the Editorial Board, Law & Army.

1999-2000: Co-Editor-in-Chief, University of Haifa Press.

1996-1998: Editor-in-Chief, Mishpat Umimshal (University of Haifa Law & Government Journal).

1994-1995 - Member of the Advisory Committee on behalf of the Jerusalem Institute for Israel Studies for the book by Moshe Negbi, Freedom of the Press in Israel - The Legal Aspect (1996).

1992-1996: Associate Editor, Mishpat Umimshal.

1992: Co-Editor (with Tally Ben-Gal, Dana Alexander & Sharon Rabin), Human and Civil Rights in Israel (vol. 3, The Association for Civil Rights in Israel).

1988-1989: Co-Editor-in-Chief, Mishpatim (Hebrew University Law Review).

AWARDS, SCHOLARSHIPS AND GRANTS:

German Israeli Foundation for Scientific Research and Development (GIF) - grant for the years 2006, 2007 and 2008, with 4 other Israeli (of the Hebrew University and the University of Haifa Faculties of Law) and 5 German researchers. The topic of the research: "Human Dignity: Its Constitutional Status and Impact on Criminal Law and Procedure in Israel and Germany".

1995, 1998, 2001: Award for outstanding law professor, University of Haifa.

1992: Eshkol Institute Scholarship, granted for the purpose of preparing a doctoral dissertation.

1992: Abraham Selvitt Award for honors doctoral student, Hebrew University of Jerusalem.

1988: George Webber Award for outstanding article published in Mishpatim (Hebrew University Law Review).

PARTICIPATION IN CONFERENCES (selection):

2007: "Prior Restraint of Defamation Publications", conference on "Defamation Law", Israel democracy Institute and Harry and Michael Sacher Institute for Legislative Research and Comparative Law.

2006: "Freedom of Expression: Clear Policies, Vague Laws, and a Handful of Clichés", Fulbright Israel/USIEF Anniversary Symposium on International Influences on national Legal Systems, Hebrew University of Jerusalem.

2006: "Multiculturalism and the Law Concerning Foreigners: Israeli Perspectives", international conference on "Equality and Diversity in Europe", University of Helsinki, Finland.

2005: "Justisiability of the Fight against Terrorism", international conference on "The Global Impact of International Terrorism", the Interdisciplinary Center Herzliya.

2005: "A Jewish and Democratic State", international conference on "World War II and its Impact on the Law: 60 Years After", University of Haifa Faculty of Law.

2005: ""Multiculturalism and Public Law in Israel: Aspects Regarding the Law Concerning Foreigners", international conference on "Law and Multiculturalism: Different Perspectives", Insubria University Faculty of Law, Como, Italy.

"Justice Barak in a Democratic Society", a conference for the debut of the publication of Aharon Barak's Book, A Judge in a Democratic Society, University of Haifa.

2004: "The Rights of the Civilian Population in the Occupied Territories in Times of Armed Conflicts: The Role of the Israeli Courts", international conference on "Civilian Peace Building in the Middle East", on behalf of the Swiss Ministry of Foreign Affairs, Berne.

2004: "Justifiability of the Fight against Terrorism", international conference on "War, Terrorism and Rogue States", Bar-Ilan University.

2004: "Determining Liberties: Human Needs, Human Rights and Literature", the annual meeting of the Association of Studies of Law, Culture and Humanities, University of Connecticut (with Shulamit Almog).

2004: "The Israeli Constitutionalism: Between Legal Formalism and Judicial Activism", international conference on "Constitutionalism in the Middle East: Israeli & Palestinian Perspectives", the Center for Comparative Constitutionalism, University of Chicago.

2003: "The Applicability of Public Law on Private Bodies", Annual Conference of the Israeli Association of Public Law, Dead Sea.

2003: "Israeli Law Concerning Foreigners", the first conference ("Human Rights as a Review Criteria of Legislation and Jurisdiction") in the series "Law Systems in Exchange: Dialogue among Lawyers in Israel, Polandand Germany", Berlin, Germany.

2003: "Formalism as Legal Justice", "Law, Justice, Religion and State" (a joint conference of Bar-Ilan University, Hebrew University of Jerusalem, Tel-Aviv University, University of Haifa, Herman Cohen Academy and the Israeli Supreme Court).

2002: "Critical Comments ob 'Law as Literature'", conference on "Law and Literature", Bar-Ilan University, Israel.

2001: "Legal Scholarship and Utopian Studies", the annual conference of the International Society for Utopian Studies, Buffalo NY (with Shulamit Almog).

2001: "Power and Consent in Legal Regulation of Heterosexual Intercourse", Critical Legal Conference, Kent University, GB (with Shulamit Almog).

2001: presentations on "Ars Juristica: Legal Realism in the Israeli Supreme Court" (with Shulamit Almog) and on "The Supreme Court - Behind Closed Doors" (with Zeev Segal), conference on the Supreme Court, Bar-Ilan University Faculty of Law.

2000: "Awakening a Sleeping Beauty: 52 Years of Israeli Constitutional Revolution", the annual conference of the American Society for Law and History, Princeton (with Shulamit Almog).

2000: "The Slates of Law", the annual conference of the International Society for Utopian Studies, Vancouver, Canada (with Shulamit Almog).

2000: "Awakening a Sleeping Beauty: 52 Years of Israeli Constitutional Revolution", the annual conference of the Australia and New Zealand Law and History Society, the Law Faculty, Australian National University, Canberra (with Shulamit Almog).

1999: "Bergman Case and the Contemporary Constitutional Discourse in Israel", a conference on "30 Years to Bergman Case - Trends in Constitutional Thinking in Israel", Hebrew University of Jerusalem Faculty of Law.

1999: "Politics as Law", the Critical Legal Conference (Spectres of Law - Legal Theory at the Fin de Siecle), University of London (Birkbeck College).

1999: "The Phenomenon of Legalization of Politics from a Comparative Perspective", the annual conference of the Canadian Association of Law and Society, Sherbrooke University.

COLLOQUIUM TALKS AND INVITED ADDRESSES (selection):

2011: "The Relevance of the Discourse of Judicial Activism v. Judicial Restraint", Tulsa Law Review Symposium Honoring the Work of Justice Aharon Barak, Tulsa Law School

2010: "Are Immigration Rights Constitutional Rights in Israel", International Seminar on Minority Rights to Language and Education: Models and Perspectives in Europe and in Israel, Faculty of Law, University of Trento, Italy

2008: "Human dignity as a constitutional Concept in Germany and Israel", German-Israeli Colloquium - Human Dignity and the Criminal Law, Cologne University Faculty of Law (with Prof. Michael Sacks).

2007: (1) "human Dignity in Constitutional Law; (2) Physical Punishment of Children", German-Israeli Colloquium - Human Dignity and the Criminal Law, Faculty of Law, Hebrew University of Jerusalem.

2006: "The Right to Dignified Existence", The Van Leer Jerusalem Institute.

2006: "The Judicial Branch", Conference on the Israeli Constitution, the Knesset, Jerusalem.

2005: Presentation in a Israeli-Palestinian Seminar (with the participation of students of the University of Haifa, the Hebrew University of Jerusalem, and two Palestinian Universities), WIPO, Geneva.

2004: "The Israeli Constitution and the Fight against Terror", SMU School of Law, Dallas.

2004: "The Israeli Constitution and the Fight against Terror", Huston University School of Law.

2003: "The Israeli Constitution and the Fight against Terror", the Center for Constitutional Studies, University of Alberta, Canada.

OTHER LECTURES:

Among others:

1992-present: The Institute of Judicial Training for Judges in Memory of the Late Chief Justice Yoel Sussman: Lectures in about 25 courses, in the fields of Constitutional Law, Administrative Law, Law of Tenders and Law of Evidence.

SUPERVISION OF GRADUATE STUDENTS:

Supervision of 15 Ph.D. (SJD) and 15 LL.M. students, Bar-Ilan University, University of Haifa, Tel-Aviv University and Hebrew University of Jerusalem/

REFEREE OF ACADEMIC PROJECTS/ARTICLES/BOOKS:

Referee of about 20 Ph.D. and LL.M. dissertations, and many law review articles

PUBLIC POSITIONS AND MEMBERSHIP IN ORGANIZATIONS:

2009 - present: Chairperson of the Israeli Association of Public Law.

2006 - present: Member of a Committee nominated by the Israel Police Commissioner for Examination of the Policy of Requesting Injunctions against Publication.

2005-2006: Member of the Advisory Committee for Examination of Israel's Policy of Immigration, nominated by the Minister of Interior according to s decision of the Government.

2002 - present: Member of about 15 sub-committees of the Israeli Council of Higher Education.

2002-2005: Member of the Executive Committee, the Institute of Judicial Training for Judges in Memory of the Late Chief Justice Yoel Sussman.

2002-2005: Member of the Directorate of the Israeli Association of Parliamentarian Studies.

2000-2005: Member of the Public Council for a Constitution by Broad Consensus, the Israel Democracy Institute.

2000-2003: Member of the sub-committee for Children and their Families, the Committee of Children Rights, Israeli Ministry of Justice.

1998-2002: Member of the Israeli Administrative Tribunals Commission, under the Administrative Tribunals Act.

MISCELLANEOUS:

2012-present: Judge of the Military Court of Appeal (Lieutenant Colonel, reserve duty).

1994-2012: Military Judge (Lieutenant Colonel, reserve duty)

2006 - present: Member of the Directorate, Issta Lines Ltd.

1992 - present: Giving legal opinions and representing petitioners and respondents in courts (especially the Supreme Court of Israel, seating as the High Court of Justice), in constitutional and administrative law matters.

2000-2003: Legal Commentator, "Yedioth Ahronot" daily newspaper.

1989-1990: Intern of Attorney (currently Supreme Court Justice) Mishael Cheshin.

1988-1989: Clerk of the Israeli Supreme Court Justice Shlomo Levin.

Courses

99-204-01 Constitutional Law

99-271-01 Legal Writing Workshop

99-313-01 Administrative Law

99-799-02 The Obligation of Governmental Bodies