Israeli Constitutional Law in the Making

Gideon Sapir, Daphne Barak-Erez, Aharon Barak, Gideon Sapir, Daphne Barak-Erez, Aharon Barak

• Publisher: Hart Publishing
• Year: 2013
• Print ISBN:
  9781849464093
• Edition: 1
• eBook ISBN:
  9781782251842
• Topic: Law
• Subtopic: Public Law
• Index: Law

In the domain of comparative constitutionalism, Israeli constitutional law is a fascinating case study constituted of many dilemmas. It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully-fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws. At the same time, it is struggling with major questions of identity, in the context of Israel's constitutional vision of 'a Jewish and Democratic' state.
Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, as well as structural questions of judicial review. It features contributions by leading scholars of Israeli constitutional law, with comparative comments by leading scholars of constitutional law from Europe and the United States.

Table of contents

• Preliminary pages
• Acknowledgements
• Table of Contents
• List of Contributors
• Table of Cases
• Table of Legislation and Documents
• 1. Introduction: Israeli Constitutional Law at the Crossroads
• Part 1: Towards a Full-Fledged Constitution
• 2. Why a Constitution – in General and in Particular in the Israeli Context?
• 3. The Right to Judicial Review: The Israeli Case
• 4. The Purpose of the Israeli Constitution
• 5. Consensus, Dissensus, and Constitutionalism
• Part 2: Models of Judicial Review in Israeli Constitutional Law
• 6. Majestic Constitutionalism? The Notwithstanding Mechanism in Israel
• 7. Constitutional Adjudication and Political Accountability: Comparative Analysis and the Peculiarity of Israel
• 8. Justifying Judicial Review: The Changing Methodology of the Israeli Supreme Court
• 9. The Democratic Case for Diffuse Judicial Review in Israel
• 10. Constitutional Adjudication in Israel: Some Comments
• Part 3: Global Impacts on Israeli Constitutional Law
• 11. The Use of Foreign Law in Israeli Constitutional Adjudication
• 12. The Israeli Case of a Transformative Constitutionalism
• 13. Proportionality in Israel and Beyond: Four Aspects
• 14. Constitutional Law in an Age of Globalization
• Part 14: Balancing in Israeli Constitutional Law
• 15. Constitutional Proportionality: (Appropriate) Guidelines
• 16. The Deficiencies of Balancing: Restricting Speech due to Offence to Feelings
• 17. Proportionality: Comparative Perspectives on Israeli Debates
• Part 5: ‘Unenumerated Rights’ in Israeli Constitutional Law
• 18. Human Dignity as a Central Pillar in Constitutional Rights Jurisprudence in Israel: Definitions and Parameters
• 19. The Inherent Authority of Judges in a Three-Track Democracy to Recognise Unenumerated Constitutional Rights: The Israeli Story of a Judicial Mission with No Ammunition
• 20. Perpetual Constitutional Moments: A Reply to Hostovsky Brandes and Weintal
• Part 6: Social Rights in Israel
• 21. In Search of the Right to Health in Israeli Constitutional Law
• 22. The Fiscal Objection to Social Welfare Rights: A Closer Look
• 23. Constitutional Review of ‘Eligibility Conditions’ in Social Rights Litigation
• 24. The New Consensus on Enforcing Social Welfare Rights: Comments on Three Papers
• Part 7: Constitutional Rights and Private Law
• 25. Constitutional Rights and Private Law
• 26. Human Rights in Private Law: Hybridization of the Balancing Tests
• 27. Private Actors and Constitutional Rights
• Part 8: Constitutional Rights and ‘State of Emergency’
• 28. The National Security Constitution and the Israeli Condition
• 29. The Role of the Legislature in Determining Legitimate Responses to Security Threats: The Case of Israel
• 30. Of Law, Constitutions and Security
• Part 9: Israel – ‘Jewish and Democratic’
• 31. Jewish and Democratic: Three Zionisms and Post-Zionism
• 32. A Jewish Nation-State: A Discussion in Light of the Family Reunification Case
• 33. National Identity and Religion–State Relations: Israel in Comparative Perspective
• 34. The Dilemmas of Identity in a Jewish and Democratic State: A Comparative Constitutionalist Perspective on Bakshi and Sapir, Gans, and Stopler
• Index