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Constitutional Law

Theses/Dissertations

Constitutionalism

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Shifting Priorities? Civic Identity In The Jewish State And The Changing Landscape Of Israeli Constitutionalism, Mohamad Batal Jan 2018

Shifting Priorities? Civic Identity In The Jewish State And The Changing Landscape Of Israeli Constitutionalism, Mohamad Batal

CMC Senior Theses

This thesis begins with an explanation of Israel’s foundational constitutional tension—namely, that its identity as a Jewish State often conflicts with liberal-democratic principles to which it is also committed. From here, I attempt to sketch the evolution of the state’s constitutional principles, pointing to Chief Justice Barak’s “constitutional revolution” as a critical juncture where the aforementioned theoretical tension manifested in practice, resulting in what I call illiberal or undemocratic “moments.” More profoundly, by introducing Israel’s constitutional tension into the public sphere, the Barak Court’s jurisprudence forced all of the Israeli polity to confront it ...


The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur Jul 2014

The Visible Effects Of An Invisible Constitution: The Contested State Of Transdniestria's Search For Recognition Through International Negotiations, Nadejda Mazur

Theses and Dissertations

Most scholars agree that modern states share several defining characteristics: a population, territory, government, and the capacity to enter into international relations. More recently, this list has expanded to include the criteria of democracy, the rule of law, and the protection of human rights. These traditional and contemporary criteria for statehood are likewise essential for settling the status of de facto states, entities that seek international recognition yet are rebuffed by the world community.

By examining the criteria for international recognition from the perspective of constitutional law, this dissertation reveals the existing but overlooked relationship between the recognition process and ...