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2005

Constitutional Law

SelectedWorks

Yoseph M. Edrey

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Full-Text Articles in Law

The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof. Jan 2005

The Israeli Constitutional Revolution/Evolution, Models Of Constitutions, And A Lesson Frommistakes And Achievements, Yoseph M. Edrey Prof.

Yoseph M. Edrey

There are some fundamental preconditions entailed in the process of becoming a democratic state. The mere existence of a written document entitled "Constitution" is not enough; a society is entitled to be considered a democratic state by the international community only if its legal sys- tem contains two attributes-the recognition of basic human rights and the idea that basic human rights are protected by some type of judicial review performed by an independent court system. Further- more, it would be better if these basic human rights were enumerated in a written constitution. Nonetheless, based on the Social Contract concept, the …