Abstract
The dispute ouer the authority and the policy of judicial review in Israel has become one of the most controumial issues in Israeli politics. One of the ma.in arguments against j*dicial reuiew is the countermajon.- tarian difficulty: the court, which is not elected and does not represent the will of the people, overturns decisions, which have been made by the elected palliament. This Article presents an empirical study-the first of its kind-which examines the public opinion on questions that were subjed to constitutional judicial reuiew, in order to jind out which branch-the Legislature or the Judiciag-expresses more accurately the public opinion. The study found thal in most cases, there was a clear majority among respondents who opposed the statutes that the Israeli Supreme. Court inuctlidated. 7'here weis also a clear majority thcit 31*- pm*d the Supreme Court's autholization to invalidate statutes. This Article presents the history of constitutional judicial review in Ismel and. the status of the constitutional Basic Laws, presents the empilical study and its findings, and, lastly, analyzes the findings and discusses their nonnative implications. [ABSTRACT FROM AUTHOR]
Original language | American English |
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Pages (from-to) | 1-45 |
Number of pages | 45 |
Journal | George Washington International Law Review |
Volume | 53 |
Issue number | 1 |
State | Published - 2021 |
Bibliographical note
Accession Number: 151546927; BENDOR, ARIEL L. 1 SHAHAM-ASSIA, CHEN 2; Affiliation: 1: Frank Church Professor of Legal Research, Faculty of Law, Bar-Ilan U niversity 2: Associate, Meitar Law Firm; Source Info: 2021, Vol. 53 Issue 1, p1; Subject Term: JUDICIAL review; Subject Term: LEGISLATIVE bodies; Subject Term: COURTS; Subject Term: ISRAELI law; Subject Term: ISRAEL -- Politics & government; Company/Entity: ISRAEL. Bet ha-mishpat ha-elyon; NAICS/Industry Codes: 922110 Courts; NAICS/Industry Codes: 921120 Legislative Bodies; Number of Pages: 45p; Document Type: ArticleKeywords
- JUDICIAL review
- LEGISLATIVE bodies
- COURTS
- ISRAELI law
- ISRAEL -- Politics & government
- ISRAEL. Bet ha-mishpat ha-elyon