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State and Religion in Israel begins with a philosophical analysis
of the two main questions regarding the role of religion in liberal
states: should such states institute a 'Wall of Separation' between
state and religion? Should they offer religious practices and
religious communities special protection? Gideon Sapir and Daniel
Statman argue that liberalism in not committed to Separation, but
is committed to granting religion a unique protection, albeit a
narrower one than often assumed. They then use Israel as a case
study for their conclusions. Although Israel is defined as a Jewish
state, its Jewish identity need not be interpreted religiously,
requiring that it subjects itself to the dictates of Jewish law
(Halakha). The authors test this view by critically examining
important topics relevant to state and religion in Israel: marriage
and divorce, the drafting of yeshiva students into the army, the
character of the Sabbath and more.
Israeli constitutional law is a sphere of many contradictions and
traditions. Growing out of British law absorbed by the legal system
of Mandate Palestine, Israeli constitutional law has followed the
path of constitutional law based on unwritten constitutional
principles. This book evaluates the development of the Israeli
constitution from an unwritten British-style body of law to the
declaration of the Basic Laws as the de facto Israeli constitution
by the supreme court and on through the present day. The book is
divided into a chronological history, devoted to a description of
the process of establishing a constitution; and a thematic one,
devoted to the review and evaluation of major constitutional issues
that are also the subject of discussion and research in other
countries, with emphasis on the unique characteristics of the
Israeli case.
In the domain of comparative constitutionalism, Israeli
constitutional law is a fascinating case study constituted of many
dilemmas. It is moving from the old British tradition of an
unwritten constitution and no judicial review of legislation to
fully-fledged constitutionalism endorsing judicial review and based
on the text of a series of basic laws. At the same time, it is
struggling with major questions of identity, in the context of
Israel's constitutional vision of 'a Jewish and Democratic' state.
Israeli Constitutional Law in the Making offers a comprehensive
study of Israeli constitutional law in a systematic manner that
moves from constitution-making to specific areas of contestation
including state/religion relations, national security, social
rights, as well as structural questions of judicial review. It
features contributions by leading scholars of Israeli
constitutional law, with comparative comments by leading scholars
of constitutional law from Europe and the United States.
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