The Israeli Constitution and the Fight Against Terrorism

Abstract

The obvious security difficulties in Israel carry also political, economical and social problematic consequences. The unique Israeli condition - as a young democratic state, whose mere existence is still not self-evident to all - has also legal implications. In Israel, the law and the courts of law are often involved in resolving political issues, including issues pertaining to foreign and security policy. This involvement is more intensive in Israel then in many other democracies. That is why one may be interested in comprehending some legal aspects, especially those of constitutional law, that are present at the background of Israeli reality. This brief Essay discusses two issues, which are in the center of the legal and political Israeli agenda. The first issue is the unique Israeli Constitution. The mere existence of a constitution in Israel is still controversial. In this sense, the situation in Israel is idiosyncratic. There is no any other comparison. The other issue is the legal rules pertaining to the fight against terror, especially the relevant constitutional limitations. The two issues are obviously closely linked, in ways which are illuminated in the Essay by using some examples.

Keywords: Israeli Constitution, Basic Laws of Israel, Judicial Review in Israel Terrorism

JEL Classification: K10, K19, K20, K29, K30, K39, N45