Law Commons^™

Israeli Case Of A Transformative Constitution, Moshe Cohen-Eliya

Moshe Cohen-Eliya

Transformative constitutions are typically post-traumatic; they signal a clear departure from the horrors of the past, as in the case of the constitutions of post-Nazi Germany and post-Apartheid South Africa. By their very nature, they presume an active role for the court that is delegated with its implementation. Over the past three decades, the Israeli Supreme Court has made significant reference to fundamental values, expanded its conception of rights and the scope of judicial review, and developed the notion of positive rights. It has signaled its willingness to make individuals subject to the duty to respect constitutional rights and has …