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

Abstract

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