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This book evaluates the development of the Israeli constitution from an unwritten British-style body of law to the declaration of the Basic Laws as the de facto Israeli constitution by the supreme court and on through the present day.
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.
Discusses state and religion relations in Israel by applying a general theory regarding the role of religion in liberal countries.
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
A critical legal study of religion and state relations in Israel focusing on the religiously entrapped Palestinian-Arab individuals.
A narrative chronicle of Israeli democracy that defines historic phases and follows thematic challenges to democracy, including: competition between religion and the rule of law; the statist society and chaotic minoritocracy; modern illiberal populism and the Israeli-Palestinian conflict. The comprehensive portrait exposes endemic flaws of democracy in Israel, but also shows that Israel has considerable capacity – and responsibility – to fulfill the promise of democracy.
Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence.
According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.
Proposes a new theoretical approach to religious liberty that both transcends and transforms current approaches to law and religion.
"This scholarship operationalizes Cover's notion of "nomos and narrative" and develops tools to analyze shifting entanglements between religion, gender, and law. The authors propose a "narrative ripeness test" to assess how and when change processes within a minority cultural community may be affected - accelerated or hindered - by state intervention"--