UNDERSTANDING BARAK’S VISION
Aharon Barak’s Revolution: Hillel Neuer, Azure on Line, Winter 5758/1998, no. 3 — In recent years, the state of Israel has undergone a constitutional revolution that has remarkably escaped the notice of most Israelis. With the 1992 passage of Basic Law: Human Dignity and Liberty, and Basic Law: Freedom of Occupation, the power of the Israeli judiciary has expanded dramatically, to include the ability to strike down Knesset legislation that in the Supreme Court’s opinion violates normative human rights guarantees.1 Although the court has yet to play that particular card, every indication is that even if Israel does not adopt a formal constitution, the day is not far off when laws passed by the Knesset will routinely face the review of a Supreme Court charged with the duty of protecting an entrenched set of superceding legal norms.
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Without a Constitution, Israel Struggles to Save Its Democracy from Its Judiciary: Dan McClaughlin, National Review, Mar. 28, 2023
Why Doesn’t Israel Have a Constitution? The Origins of the Story: Michael Starr, Jerusalem Post, Feb. 3, 2023
Israel Could Become a Constitutional Democracy: Daniel J. Arbess, WSJ, Mar. 17, 2023
Israel and the Debate Over the Role of the Judiciary in Democratic Government: Elliot Abrams, Council on Foreign Relations, Mar. 16, 2023
For Further Reference:
Why Doesn’t Israel Have a Constitution?: Sara Himeles, Jewish Unpacked, Mar. 28, 2023 — Israel is one of five countries that does not have a formalized written constitution, along with New Zealand, Saudi Arabia.
Israel Is Wandering in the Desert, a Constitution Is Our Path Home: Nir Bar Dea, Time, Mar. 24. 2023 — Israel, my homeland, was built by people who came together from all over the world to escape ruthless persecution, and for nearly 75 years, it has enjoyed prosperity beyond our ancestors’ wildest dreams.
The Proposed Constitutional Putsch in Israel: Alon Harel, Verfassungsblog, Mar. 14, 2023 — February and March 2023 have seen hundreds of thousands of demonstrators protesting against new proposed constitutional amendments designed to transform the constitutional foundations of the State of Israel.
Israel Doesn’t Need a House of Lords: Daniel Tauber. JNS, Mar. 20, 2023 — They warn of, even threaten, grave damage to our economy. They call for the disobedience of our armed forces.
The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel: The Invention of Jewish Theocracy: The Struggle for Legal Authority in Modern Israel: Alexander Kaye, Oxford Academic, Feb. 20, 2020 — The Invention of Jewish Theocracy is about Jewish religious approaches to law and politics in the State of Israel. It uncovers the forgotten history of religious Zionists who tried to create a “halakhic state” by making traditional Jewish law (halakha) into Israel’s official law.
