Judicial Review of Basic Laws
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ID: 314362
2026
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Abstract
Abstract Although Israel’s constitutional history is relatively short, a fascinating and rich branch of constitutionalism dealing with substantive limitations on amending power has been evolving in its legal system. In this chapter, readers are guided through a maze of cutting-edge constitutional doctrines for screening amendments to Israel’s Basic Laws, namely misuse of constituent power, unwritten fundamental principles, and unconstitutional constitutional amendments. The Supreme Court has remained undecided regarding the third of these three concepts while the other two have already been invoked by the Court. After a series of historic rulings over the last couple of years, in which a quite robust mechanism for judicial review of amendments was applied, it is safe to say that Israel’s constitutional law has profoundly transformed itself. As dictated by the title of this book, this chapter is mostly descriptive. However, no presentation of a legal doctrine is complete without outlining its normative boundaries.
| Reference Key |
openalex_W7161977076
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|---|---|
| Authors | Sharon Weintal |
| Journal | Oxford University Press eBooks |
| Year | 2026 |
| DOI |
10.1093/oxfordhb/9780192843524.013.0017
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| URL | |
| Keywords | Keywords not found |
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