Constitutional Rights in Private Law

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ID: 314406
2026
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Abstract
Abstract This chapter describes the dilemma of applying constitutional rights in the private sphere and how the Israeli legislature and judiciary have sought to address such a challenge. The Basic Laws of human rights (considered to be constitutional documents) raised a question that could similarly apply to other constitutions worldwide: does the constitution also apply in private law? This dilemma is especially complex to resolve in Israel. While the Basic Laws intend to shape the character of Israeli society more generally, they specifically address the Israeli legislature and other governmental authorities. Israel is also characterized as a multicultural society that is committed to group autonomy. Therefore, the stringent application of constitutional rights in the public sphere may contradict the value of private and cultural autonomy. Nevertheless, there are quite extensive statutes that impose the duty to respect constitutional rights in the private sphere in a direct manner. Alongside the legislator, the Israeli courts also apply constitutional rights in the private sphere, given their power to develop the Israeli common law. The courts have acted on this matter in two different ways: direct applicability, where certain private entities have been recognized as being hybrid, meaning they are partially subject to the basic principles of public law, including constitutional rights; and indirect applicability, where even purely private entities can be subject to constitutional values, by an appropriate interpretation of the valve concepts governing Israeli private law.
Reference Key
openalex_W7162007075 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Michal Tamir, Gershon Gontovnik
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oxfordhb/9780192843524.013.0053
URL
https://doi.org/10.1093/oxfordhb/9780192843524.013.0053
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