Language:
Hebrew
Year of publication:
2020
Titel der Quelle:
משפט ועסקים
Angaben zur Quelle:
כב (תשף) 327-418
Keywords:
Israel.
;
Judicial review
;
Constitutional law
;
Legislative power
Abstract:
The notion of "constitutional dialogue" is blooming in the Israeli constitution literature and politics discourse. It is easy to find more dialogue-based discussions and dialogue-based justifications for judicial review. However, it is impossible to find a broad and established attempt to examine if the Israeli constitutional law can be characterized as a dialogue. This is the gap that this article wishes to bridge. Based on the rich dialogic scholarly writing, this article develops a new methodology for dialogic measuring, consisting of two complementary perspectives: that of the court and that of the legislature. This methodology consists of four criteria: Judicial rhetoric regarding constitutional judicial review; response-based judicial doctrines constitutional remedies; and, legislative responses. The research offers a broad empirical examination of these four measures over hundreds of judicial decisions and dozens of legislative responses. The research's main conclusion is that the Israeli constitutional interaction between the Supreme Court and the Legislature is generally described by many dialogic characteristics. Nonetheless, the conclusions regarding recent years require special considerations. Either way, this article wishes to add another layer to the Israeli discussion on the constitutional dialogue, and the ways the this dialogic perception has integrated in the Israeli constitutional law.
Note:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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