Israels Emerging Constitution
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The Emerging Constitution of Israel
Author | : Leo Kohn |
Publisher | : |
Total Pages | : 24 |
Release | : 1954 |
Genre | : Constitutional history |
ISBN | : |
The Oxford Handbook of Israeli Politics and Society
Author | : Reuven Y. Hazan |
Publisher | : Oxford University Press, USA |
Total Pages | : 725 |
Release | : 2021 |
Genre | : Political Science |
ISBN | : 0190675586 |
"Few countries receive as much attention as Israel and are at the same time as misunderstood. The Oxford Handbook of Israeli Politics and Society brings together leading Israeli and international figures to offer the most wide-ranging treatment available of an intriguing country. It serves as a comprehensive reference for the growing field of Israel studies and is also a significant resource for students and scholars of comparative politics, recognizing that in many ways Israel is not unique, but rather a test case of democracy in deeply divided societies and states engaged in intense conflict. The handbook presents an overview of the historical development of Israeli democracy through chapters examining the country's history, contemporary society, political institutions, international relations, and most pressing political issues. It outlines the most relevant developments over time while not shying away from the strife both in and around Israel. It presents opposed narratives in full force, enabling readers to make their own judgments"--
Constitutional Theocracy
Author | : Ran Hirschl |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2010-11-01 |
Genre | : Law |
ISBN | : 0674264452 |
At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Building Democracy on Sand
Author | : Arye Carmon |
Publisher | : Hoover Press |
Total Pages | : 336 |
Release | : 2019-12-01 |
Genre | : Political Science |
ISBN | : 0817923160 |
More than seven decades after the founding of Israel, the momentum to establish a Jewish state has led to remarkable achievements in the nation's “hardware”: stable structures in government, the military, and the economy. At the same time, the “operating system,” the guidelines that accommodate human diversity and enable coexistence, is still riddled with weaknesses. Arye Carmon diagnoses the critical vulnerabilities at the heart of Israeli democracy and the obstacles to forming a sustainable national consciousness. The author merges touching narratives about his own life in Israel with insightful ruminations on the Jewish diaspora and the arc of Israel's history, illuminating the conflicts between Jewish identities and between democratic values and the halacha—the collective body of Jewish religious laws.There is no consensus on the characteristics that define Israel as a state that is both Jewish and democratic. Rather, the struggle between a secular and a religious Jewish identity, amid voices promoting ethnocentric nationalism, threatens to sever the ties that strengthen democracy.This cultural fragility has far-reaching implications for Israeli institutions and deepens societal rifts. Israel lacks a constitution to bind its democracy and a bill of rights to safeguard the freedoms of its citizens, enable the inclusion of diverse outlooks and beliefs, and underpin the norms of its civil society.
Fragile Democracies
Author | : Samuel Issacharoff |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2015-06-17 |
Genre | : Law |
ISBN | : 1107038707 |
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Israel and Its Mediterranean Identity
Author | : D. Ohana |
Publisher | : Springer |
Total Pages | : 212 |
Release | : 2016-04-30 |
Genre | : Political Science |
ISBN | : 0230370594 |
This book is a detailed and comprehensive work which reviews the origins of Israel's Mediterranean identity, starting with its Zionist ideological origins and tracing the path up to the present, as Israel struggles with what it means to be a post-ideological Mediterranean country.
Israeli Constitutional Law in the Making
Author | : Gideon Sapir |
Publisher | : A&C Black |
Total Pages | : 1090 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782251855 |
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.
How Constitutions Change
Author | : Dawn Oliver |
Publisher | : Bloomsbury Publishing |
Total Pages | : 550 |
Release | : 2011-08-09 |
Genre | : Law |
ISBN | : 184731788X |
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.
The Constitution of Israel
Author | : Suzie Navot |
Publisher | : Bloomsbury Publishing |
Total Pages | : 314 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1849467544 |
This book presents the main features of the Israeli constitutional system and a topical discussion of Israel's basic laws. It focuses on constitutional history and the peculiar decision to frame a constitution 'by stages'. Following its British heritage and the lack of a formal constitution, Israel's democracy grew for more than four decades on the principle of parliamentary supremacy. Introducing a constitutional model and the concept of judicial review of laws, the 'constitutional revolution' of the 1990s started a new era in Israel's constitutional history. The book's main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel's constitutional discourse. It further presents Israel's unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Finally, the book offers a critical discussion of the development of Israel's constitution and local projects aimed at enacting a single and comprehensive text.