Idealism and Realism in Israeli Constitutional Law

Shinar, Adam

doi:10.1017/9781316585221.009

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A Slim Bill Of Rights1

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2023

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“…This small number of protected rights moreover highlights some notable omissions, such as an explicit protection of equality, freedom of religion and freedom of speech. 47 Formally, at least, populists face only few limitations on their desire to promote policies that infringe human rights. They can thus easily change the basic features of the Israeli regime, facing hardly any formal limitations.…”

Section: A Slim Bill Of Rightsmentioning

confidence: 99%

Populist Constitutionalism and the Judicial Overhaul in Israel

Roznai,

Cohen

2023

Isr. law rev.

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In the last year Israel has been going through its most severe constitutional crisis in its history. The newly elected right-wing government has initiated a judicial overhaul that would limit the authority of the judiciary and grant the executive almost absolute powers. In response, the country has witnessed unprecedented civil protestations and opposition from nearly all segments of civil society, academia and economic sectors. In this article we argue that the judicial overhaul must be analysed as a populist constitutional project. We also explain that compared with other systems, Israeli democracy is especially vulnerable to populism, because of its unique institutional design factors coupled with social factors. Only with understanding these factors can one grasp the risks that the judicial overhaul poses to Israeli democracy.

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Section: A Slim Bill Of Rightsmentioning

confidence: 99%