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Human Dignity
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
Israeli Constitutional Law in the Making
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.
Purposive Interpretation in Law
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: A...
The Judge in a Democracy
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role compr...
The Jurisprudence of Aharon Barak, Views from Europe
"This book seeks to assess [Aharon Barak's, the former President of the Supreme Court of Israel], approach from the various perspectives offered by the legal systems of Europe where judges are facing the same dilemmas."--
Proportionality
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
A Jewish State
Israel is a "Jewish state." What is the meaning of this and how does it align with the democratic nature of the country? These are the questions at the core of a contentious debate that has been raging since the establishment of the state. This volume includes 75 essays on the question of Jewish -- Israeli identity, by some of today's best thinkers -- Jews and non-Jews, from Israel and around the world. Its pages include dreams and nightmares, poetic visions and rational analyses, harsh critiques and songs of praise. This collection is a first-of-its-kind nexus of thought on nationality, religion, politics, culture, society, environment, economics, and security. It is essential reading for any future discussion of Israeli identity.
Israeli Constitutional Law in the Making
This book offers a comprehensive study of Israeli constitutional law that moves from constitution-making to specific areas of contestation including state/religion relations, national security, social rights, and structural questions of judicial review.
Judicial Discretion
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