Marbury v. Madison and its Impact on the Israeli Constitutional Law

33 Pages Posted: 4 Jan 2008 Last revised: 27 Feb 2009

See all articles by Yoram Rabin

Yoram Rabin

College of Management (Israel) - School of Law

Arnon Gutfeld

Tel-Aviv University


This paper discusses the influences of the Marbury decision in Israeli constitutional law and the various contexts in which the Israeli Supreme Court has cited Marbury in its rulings. In so doing, this paper conducts a comparative analysis of the Marbury decision and those Israeli Supreme Court decisions for which provided support. To date, Marbury has been cited by the Israeli Supreme Court in seven of its decisions. This paper will focus on two of these decisions. The main legal issues put before the court in the decisions are among the most fundamental and important of issues on which Israeli democracy is based: The principles of the separation of powers.

Keywords: constitutional law, comperative law, Israel, Marbury v. Madison, Judicial Review, Seperation of Powers

Suggested Citation

Rabin, Yoram and Gutfeld, Arnon, Marbury v. Madison and its Impact on the Israeli Constitutional Law. University of Miami International & Comparative Law Review, Vol. 16, No. 1, 2007, Available at SSRN:

Yoram Rabin (Contact Author)

College of Management (Israel) - School of Law ( email )

7 Yitzhak Rabin Blvd.
P.O. Box 25072
Rishon LeZion, 75190

Arnon Gutfeld

Tel-Aviv University ( email )

Ramat Aviv
Tel-Aviv, 6997801

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