43 research outputs found

    Natural Law, Positivism, and the Limits of Jurisprudence: A Modern Round

    Get PDF

    Privacy and the Limits of Law

    Get PDF

    Neve Shalom/Wahat-el-Salam2: A Case Study of an Arab-Jewish School in Israel

    No full text
    These two papers (one in English and one in Hebrew) describe the unique educational experience of the Neve Shalom school, which is a fully integrated Jewish-Arab school within a system where Jews and Arabs regularly study in separate schools and languages. They are similar but have different emphases since the audiences are expected to be different in terms of background knowledge and familiarity with facts and situations. The paper studies the way the school handles issues of culture, language, religion and national identity. It then analyzes the school and makes suggestions concerning both the improvement of the effectiveness of the school itself and what can be learned from its experience to the educational system in Israel as a whole.

    Democracy and Judaism - Between Conceptual Analysis and Public Discourse

    No full text

    The Israeli Constitutional Process: Legislative Ambivalence and Judicial Resolute Drive

    No full text
    The paper analyses the development of the constitutional process in Israel since 1950, and especially since the 1992 basic laws. It argues that this process should be viewed within a frameworks distinguishing between three stages of constitution-making: the initial enactment of a constitution, amendments of the constitution, and application and interpretation of the constitution. The distinction between stages has institutional implications. Constitution-making should be primarily done by constituent assemblies. Regular legislatures are a second choice. The process should seek broad consensus, and involve big compromises between segments of the public. Amendments should also be undertaken by legislatures with broad consensus, but they can be more local, and their ratification procedures may be less demanding. Application and interpretation should be done in an ongoing way by all branches of government. Courts are authoritative interpreters but they do not necessarily have the final word on the constitution. When we study the Israeli process we see that does not conform to this model at all. It reflects judicial involvement in all stages, including the initial making of the constitution. There is thus a 'legitimacy deficit' in the constitutional process, which may perpetuate the current instability in the constitutional situation.

    Photographs in Public Places and Privacy

    No full text
    corecore