This book brings together, for the first time, independent and highly respected lawyers and jurists from both sides of this century-old conflict, to identify and assess areas of common interest. As violence diminishes in favour of negotiation and compromise, all issues covered by the ongoing discussions will be determined by emerging rule of law. The book contains original contributions from an experienced team of Palestinian and Isrealic lawyers and scholars in the field and covers a range of strategic issues, including history and law, key international treaties, the domestic dimensions of the peace process, water arrangements, economic issues, and the legal institutions which are being created and must adapt to the new scene. An important feature of the book is that it succeeds in showing that the traditional opposition os Israeli and Arab views may be giving way to a common informed reflection on modes of coexistence primarily determined by law. Contributers include Raja Shehadeh, Ruth Gavison, Eyal Benvenisti, Eugene Cotran, David Kretzmer, Anis Al-Qasem, Celia Fassberg, Sharif Elmusa, Mahmud El Jaafari, Eran Feitelson, Ruth Levush, and Mona Rishmawi.

Contents and Contributors Dedication. Foreword. Preface. Acknowledgments. Biographical notes. Part I: The International, Regional and Egyptian Context. Section 1: Judicial Independence, Judicial Review and Other Remedies. 1. Separation of Powers and Judicial Independence in Constitutional Democracies: The Egyptian and American Experiences; A.O. Sherif. 2. Court Authority Necessary for a Democracy: The Doctrine of Inherent Powers and the Fashioning of Remedies; J.G. Apple. 3. Perspectives on the Independence of Judiciaries: Private and Individual Rights; R.W. Zobel. 4. Recapturing Democracy in a Modern Age; J. Gobert. 5. The Right to a Judicial Remedy: International Human Rights Standards; D. Harris. 6. Judicial Review as Dialogue; S. Livingstone. 7. Human Rights Abuses and the Protection of Democracy During States of Emergency; T. Hadden. Section 2: Human Rights, Democracy and the Rule of Law. 8. The Incorporation of the European Convention on Human Rights into the Law of the United Kingdom; E. Cotran. 9. Protecting the Accused and Crime Victims Through an International Consensus on Due Process Guarantees: A Case Study; M. Hartmann. 10. Do Human Rights Require a Particular Form of Democracy? H.J. Steiner. 11. The Arab League and Human Rights Protection; I. al-Jazy. 12. The Politics of Human Rights in Nigeria: An Overview; A.M. Jega. Section 3: Judicial Experiments from Egypt. 13. Landmark Decisions of the Supreme Constitutional Court of Egypt; A. El-Morr. 14. The Role of the Supreme Constitutional Court of Egypt in Upholding Democracy and the Rule of Law; H.A.L. Gabr. 15. The Judicial Review on the Constitutionality of Legislative Apportionment in Egypt: A Comparative Study; A. Khalil. 16. A System of Ordered Liberty; E. Hill. Section 4: Democracy and Development. 17. Democracy and Development; Dr. I.F.I. Shihata. 18. Good Governance and Human Rights in Development and Democracy; A.D. Swanson. 19. Implementing Children's Rights Under the UN Convention on the Rights of the Child; C. Hamilton. Part II: Freedom of Religion and Islam. Section 1: Freedom of Religion. 20. Freedom of Thought, Freedom of Conscience, Freedom of Religion and Freedom of Belief as Internationally Protected Rights: What is Agreed and What is not Agreed; K. Boyle. 21. The Freedom of Religion Between Scylla and Charybdis; W. Bock. 22. Islam in Russia: Co-operation and Contradictions of Two Civilizations, of Two Legal Systems; A. Vassiliev. Section 2: Human Rights and Islam. 23. Human Rights in Islam and the United Nations Instruments; M.A. Haleem. 24. Political Rights and Democracy in Islamic Law; I. Al-Marzouqi. 25. Muslim Women and Human Rights: The New Generation; M. Yamani. Section 3: Constitutionalism and Islam as a Source of Legislation. 26. Islamic Constitutionalism in Theory and in Practice; N.J. Brown. 27. Islamic Shari'a and Constitutional Interpretation in Egypt. 28. Conformity with Islamic Shari'a and Constitutionality Under Article 2: Some Issues of Theory, Practice and Comparison; F.E. Vogel. 29. Protection for Religious Freedom: The Grim Legacy of Zaheeruddin v. State; A.E. Mayer. Index.