The constitutional identity of Israel: a work in progress, between judicial activism of the High Court and illiberal threats of electoral democracy
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Abstract
The article discusses the paramount decision of the High Court of Israel concerning the so called “Reasonableness standard billµ by contextualizing the recent evolution of the Israeli legal framework in the broader trend of constitutional retrogression as discussed in comparative constitutional studies. In this regard, the text highlights analogies and differences of the Israeli constitutional background in comparison to some of the tenets of the Western legal tradition and of modern constitutionalism
Keywords
- constitutional identity
- judicial activism
- electoral democracy
- Israel
- reasonableness
