The Relationship Between International Law and Constitutional Law in Israel

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ID: 318105
2026
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Abstract
Abstract This chapter examines the question of the relationship between international law and constitutional law within Israeli law. In particular, the chapter examines whether and how the rules of incorporation of international law in Israel, which determine the relationship between international law and regular legislation, and which were prescribed by the Supreme Court, are applicable with respect to constitutional norms—Israel’s Basic Laws. This chapter argues that it is time for the Court to clarify the relationship between international law and constitutional law, in particular in the area of human rights. It argues that the Court should apply a presumption of compatibility with international law to the Basic Laws, and that international human rights law should play a role in constitutional interpretation, both in determining the scope and content of constitutional rights and in delineating permitted limitations of such rights.
Reference Key
openalex_W7165528592 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Tamar Hostovsky Brandes
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oxfordhb/9780192843524.013.0058
URL
https://doi.org/10.1093/oxfordhb/9780192843524.013.0058
Keywords Keywords not found

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