Gideon Sapir - Böcker

Israeli constitutional law is a sphere of many contradictions and traditions. Growing out of British law absorbed by the legal system of Mandate Palestine, Israeli constitutional law has followed the path of constitutional law based on unwritten constitutional principles. 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. The book is divided into a chronological history, devoted to a description of the process of establishing a constitution; and a thematic one, devoted to the review and evaluation of major constitutional issues that are also the subject of discussion and research in other countries, with emphasis on the unique characteristics of the Israeli case.

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law (Halakha). The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more.

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.