Israel as a constitutional democracy? The "Constitutional Revolution" and the High Court of Justice in the political system of Israel

Thèse de Master , 2004 , 60 Pages , Note: 1,0

Politique - Région: Proche-Orient

This dissertation discusses the role of the Israeli High Court of Justice within the political system of Israel after the enactment of two Basic Laws in 1992.

The main thesis is that the power of the court has been much overestimated. In particular, the large assumptions connected to the ‘constitutional revolution’ that many saw in the enactment of the 1992 laws must be refuted. This paper argues that the alleged ‘revolution’ was a myth, and that fundamentally nothing much has changed. The political system largely remained untouched by the 1992 laws.

This dissertation defines the role of the court as a mediator between particularistic and universal values rather than promoting universal human rights, or protecting minority rights. In fact, the role of the High Court must be regarded as stabilizing an essentially undemocratic system by legitimising government policies and by supporting a discourse that maintains the democratic façade of the system.

The enactment of a constitution has not been promoted by Chief Justice Barak’s activism, and indeed has made the enactment of a constitution much less likely.

Inhaltsverzeichnis (Table of Contents)

• Abstract
• Table of Contents
• Acknowledgements
• Introduction
• 1 Theoretical Framework: Constitutional Democracy and Courts
• 1.1 Democracy - A Mere Rule of the People?
• 1.2 Rule of Law and Constitutions
• 1.3 Constitutional Courts
• 2 The 'Revolution': Israel as a Constitutional Democracy?
• 2.1 Israel before the 'Revolution'
• 2.2 'Revolution': A Drama in Two Laws
• 3 The 'Constitutional Revolution' - A Myth
• 3.1 Still: No Protection of Human Rights
• 3.2 Still: No Written and Rigid Constitution
• 3.3 Implications for the Political System
• 4 Acceptance of the Myth
• 4.1 Responses from the Scholarly Debate
• 4.1.1 Agreement
• 4.1.2 Critique
• 4.2 Responses from the Political Arena
• 4.2.1 Support for the 'Revolution'
• 4.2.2 Opposition to the 'Revolution'
• 5 The Role of the Court
• 5.1 Visual Prominence: Judicial Review and Litigation of Politics
• 5.2 Institutional Weakness
• 5.3 Effective Weakness: Rulings and Their Effects
• 5.4 The Court as Mediator of Values
• 5.5 Upholding the Mantra of Democracy
• Conclusion
• Bibliography

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation investigates the role of the Israeli High Court of Justice within the political system of Israel, focusing on the impact of two Basic Laws enacted in 1992. The author challenges the notion of a "constitutional revolution" that many have attributed to these laws. The primary goal is to refute the claim that the 1992 laws fundamentally changed the political system and empowered the court as a protector of human rights.

• The role of the Israeli High Court of Justice within the political system.
• The impact of the two Basic Laws enacted in 1992 on the political system.
• The concept of a "constitutional revolution" in Israel.
• The limitations of the High Court in protecting human rights.
• The role of the court as a mediator of values rather than a protector of universal rights.

Zusammenfassung der Kapitel (Chapter Summaries)

The first chapter sets the theoretical foundation by defining the concepts of constitutional democracy, the rule of law, and the function of constitutional courts within such systems. Chapter two examines the political landscape of Israel before the enactment of the two Basic Laws in 1992, followed by a detailed analysis of these laws and their purported impact on the political system. The third chapter critically analyzes the concept of the "constitutional revolution," challenging the notion that the 1992 laws significantly changed the political system and empowered the High Court as a protector of human rights. This chapter also explores the absence of a written constitution and the limitations of the court in protecting minority rights. The fourth chapter delves into the acceptance of the "constitutional revolution" myth, examining responses from both the scholarly and political arenas. Finally, chapter five analyzes the actual role of the High Court within the political system, exploring its limitations and its function as a mediator between particularistic and universal values.

Schlüsselwörter (Keywords)

The dissertation revolves around the core concepts of constitutional democracy, the rule of law, and the role of the High Court of Justice in Israel. It examines the impact of the 1992 Basic Laws, the concept of a "constitutional revolution," the limitations of the High Court in protecting human rights, and the court's function as a mediator of values. The dissertation also analyzes the political and legal landscape of Israel, highlighting the absence of a written constitution and the complexities of the country's political system.

• Université: University of London (School of Oriental and African Studies)
• Cours: Political Systems of the Modern Middle East (SOAS)
• Note: 1,0
• Auteur: Johannes Müller (Auteur)
• Année de publication: 2004
• Pages: 60
• N° de catalogue: V50278
• ISBN (ebook): 9783638465267
• ISBN (Livre): 9783638680172
• Langue: anglais
• mots-clé: Constitutional, Revolution, High, Court, Justice, Political, Systems, Modern, Middle, East, Democracy, Theory, Highcourt, Supremecourt, Constitution, Barak, Judge, Law, Jurisdiction, Politics, Israel, Demokratie