The Constitution of Israel: A Contextual Analysis

by Suzie Navot, Andrew Harding (Editor), Benjamin L Berger (Editor), Heinz Klug (Editor), Peter Leyland (Editor)

Overview

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.

Product Details

ISBN-13:	9781841138350
Publisher:	Bloomsbury Academic
Publication date:	05/22/2014
Series:	Constitutional Systems of the World
Pages:	286
Product dimensions:	5.50(w) x 8.50(h) x 0.66(d)

About the Author

Suzie Navot is a Law Professor at the Striks School of Law - College of Management Academic Studies in Israel.

Table of Contents

Preface vii

Acknowledgments xv

Table of Cases xxi

Table of Legislation xxvii

1 Israel's Constitutional History 1

Part I History 1

The Establishment of a 'Jewish State' 1

The Declaration of Independence 4

Part II From Parliamentary Sovereignty to a Limited Legislature 12

The Declaration of Independence as a Constitutional Norm 12

The Status of Basic Laws before 1992 17

Part III The Constitutional Revolution 25

Basic Laws on Human Rights 25

The Bank Hamizrahi Decision: A 'Judge Made' Constitution? 31

Unresolved Constitutional Questions 36

Conclusion: Does Israel Have a Written Constitution? 39

Further Reading 47

2 Sources of the Constitution 49

Introduction 49

Sources of the Constitution 51

Basic Laws and Legislation 51

Interpretation 58

Case Law 63

International and Comparative Law 64

Conclusion 68

Further Reading 69

3 Constitutional Principles 71

Introduction 71

'Jewish and Democratic' 72

The Rule of Law 80

Separation of Powers 83

Independent Judiciary 87

Further Reading 90

4 Parliament: The Knesset 93

Introduction 93

Part I Elections and the Role of Political Parties 94

The Electoral System 94

The Party System 98

Disqualification of Political Parties 100

Part II Composition and Privileges 109

Composition 109

The Political Mandate of MKs 110

Parliamentary Immunity 113

Part III The Legislative Process 120

Bills 122

Judicial Review of Parliamentary Proceedings 124

Part TV The Knesset as Watchdog 128

Questions and Committee Debates 128

Parliamentary Commissions 129

The Annual Budget 130

Conclusion 131

Further Reading 131

5 The Government and the Executive 133

Introduction 133

Part I The President of the State 134

Presidential Powers 134

Katzav: The Trial of an Acting President 136

Part II The Government 138

Formation and Working 138

Elections and Government Formation 144

The Rise and Fall of the Prime-Ministerial Regime 146

Caretaker Government 148

Responsibility and Accountability 150

The Role of the Military 156

The Civil Service 158

Local Government 160

Conclusion 163

Further Reading 164

6 Watchdog Agencies

Introduction 167

The Attorney General 167

The State Comptroller and Ombudsman 175

Commissions of Inquiry 180

The Media 185

NGOs 188

Conclusion 189

Further Reading 190

7 The Constitutional Role of Courts 193

Introduction 193

The Court System 194

The High Court of Justice 196

Judicial Review and Political Response 198

Standing and Justiciability 205

Judicial Activism 211

Conclusion 217

Further Reading 219

8 Human Rights 221

Introduction 221

Part I Human Rights 222

Foundations 222

Constitutional Rights and their Limitations 227

The Limitation Clause 228

Equality 233

Gender 235

Discrimination on Grounds of Sexual Orientation 238

The Arab Minority (Israeli Palestinians) 239

Recent Developments in Human Rights: From the Knesset to the Court 244

Part II The Occupied Territories and the War on Terror 249

An Unresolved Conflict 249

The Supreme Court and National Security 251

Conclusion 260

Further Reading 261

Conclusion: The Future of the Israeli Constitution 263

Index 269