Israeli Constitutional Law in the Making

Gideon Sapir is a Professor of Constitutional Law at the Faculty of Law of Bar-Ilan University.Daphne Barak-Erez is a Justice of the Supreme Court of Israel. She was formerly Dean of the Faculty of Law at Tel Aviv University.Aharon Barak served as the President of the Supreme Court of Israel and is currently Professor of Law at the IDC.

...comparative constitutionalism is much richer for this book [and it] should serve as an important reference point on constitutionalism.

• Part 1 Towards a Full-Fledged Constitution2. Why a Constitution – in General and in Particular in the Israeli Context? Gideon Sapir3. The Right to Judicial Review: The Israeli Case Alon Harel4. The Purpose of the Israeli Constitution Ariel L Bendor5. Consensus, Dissensus, and Constitutionalism Sanford LevinsonPart 2 Models of Judicial Review in Israeli Constitutional Law6. Majestic Constitutionalism? The Notwithstanding Mechanism in Israel Tsvi Kahana7. Constitutional Adjudication and Political Accountability: Comparative Analysis and the Peculiarity of Israel Yoav Dotan8. Justifying Judicial Review: The Changing Methodology of the Israeli Supreme Court Joshua Segev9. The Democratic Case for Diffuse Judicial Review in Israel Ori Aronson10. Constitutional Adjudication in Israel: Some Comments Víctor Ferreres ComellaPart 3 Global Impacts on Israeli Constitutional Law11. The Use of Foreign Law in Israeli Constitutional Adjudication Iddo Porat12. The Israeli Case of a Transformative Constitutionalism Moshe Cohen-Eliya13. Proportionality in Israel and Beyond: Four Aspects Margit Cohn14. Constitutional Law in an Age of Globalization Vicki C JacksonPart 4 Balancing in Israeli Constitutional Law15. Constitutional Proportionality: (Appropriate) Guidelines Mordechai Kremnitzer16. The Deficiencies of Balancing: Restricting Speech due to Offence to Feelings Yaacov Ben-Shemesh17. Proportionality: Comparative Perspectives on Israeli Debates Sujit ChoudhryPart 5 'Unenumerated Rights' in Israeli Constitutional Law18. Human Dignity as a Central Pillar in Constitutional Rights Jurisprudence in Israel: Definitions and Parameters Tamar Hostovsky Brandes19. The Inherent Authority of Judges in a Three-Track Democracy to Recognise Unenumerated Constitutional Rights: The Israeli Story of a Judicial Mission with No Ammunition Sharon Weintal20. Perpetual Constitutional Moments: A Reply to Hostovsky Brandes and Weintal David FontanaPart 6 Social Rights in Israel21. In Search of the Right to Health in Israeli Constitutional Law Aeyal Gross22. The Fiscal Objection to Social Welfare Rights: A Closer Look Amir Paz-Fuchs23. Constitutional Review of 'Eligibility Conditions' in Social Rights Litigation Neta Ziv24. The New Consensus on Enforcing Social Welfare Rights: Comments on Three Papers Mark TushnetPart 7 Constitutional Rights and Private Law25. Constitutional Rights and Private Law Aharon Barak26. Human Rights in Private Law: Hybridization of the Balancing Tests Michal Tamir27. Private Actors and Constitutional Rights Stephen GardbaumPart 8 Constitutional Rights and 'State of Emergency'28. The National Security Constitution and the Israeli Condition Daphne Barak-Erez29. The Role of the Legislature in Determining Legitimate Responses to Security Threats: The Case of Israel Barak Medina30. Of Law, Constitutions and Security Adam TomkinsPart 9 Israel – 'Jewish and Democratic'31. Jewish and Democratic: Three Zionisms and Post-Zionism Chaim Gans32. A Jewish Nation-State: A Discussion in Light of the Family Reunification Case Aviad Bakshi and Gideon Sapir33. National Identity and Religion–State Relations: Israel in Comparative Perspective Gila Stopler34. The Dilemmas of Identity in a Jewish and Democratic State: A Comparative Constitutionalist Perspective on Bakshi and Sapir, Gans, and Stopler Susanna Mancini and Michel Rosenfeld