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Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Probability Thresholds As Deontological Constraints In Global Constitutionalism, Gila Stopler, Moshe Cohen-Eliya
Gila Stopler
This Article calls for the re-introduction of probability tests—such as the abandoned American “clear and present danger” or the Israeli “near certainty” test—and for their integration into contemporary models of rights adjudication in global constitutionalism. This stance is supported, inter alia, by psychological research on the cognitive bias of “probability neglect.” Both the American strict scrutiny test, which focuses on a rigorous means-ends analysis, and the highly influential German proportionality test, which centers on the balancing of rights and interests, fail to properly ensure the priority of rights. The Article contends that it is important to integrate a probability requirement …
Women As The Bearers Of The Nation: Between Liberal And Ethnic Citizenship, Gila Stopler
Women As The Bearers Of The Nation: Between Liberal And Ethnic Citizenship, Gila Stopler
Gila Stopler
The situation of women in Israel is a complex one. While in many respects women enjoy advanced liberal citizenship rights, in other respects, especially in the domain of personal status law, they suffer from serious restrictions on their rights and from discrimination. I will argue that this discrimination is the result of Israel's commitment to maintaining its character as a Jewish state through a preservation of a Jewish majority in Israel. This commitment results in legal restrictions on the right to marry and on the right to have an abortion, both of which, as I will show, are strongly related …