The Case for Judicial Review Over Social Rights: Israeli Perspectives

Israel Affairs, Vol. 14, No. 4, October 2008

Posted: 20 Apr 2006 Last revised: 31 Mar 2016

See all articles by Yuval Shany

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Yoram Rabin

College of Management (Israel) - School of Law

Abstract

The present article seeks to introduce an Israeli perspective to the debate over the appropriate constitutional status of social rights. Specifically, it addresses the question of the desirability and feasibility of judicial review on the basis of constitutionally protected social rights, which is a major source of contention in contemporary Israeli constitutional discourses. Indeed, the question of constitutionalization of social rights in Israel and the ensuing bestowal upon courts of judicial review powers has two practical projects in sight ¿ explicit incorporation of social rights into the future constitution (or basic laws) or reinterpretation of existing constitutional rights in a manner consistent with the protection of social rights. Consequently, the article describes the main contours of the Israeli debate over constitutional judicial review, as applied to social rights, and reviews both potential incorporation projects; though it ultimately focuses on the pros and cons of a policy of explicit incorporation of judicially enforceable social rights, in a manner comparable to the way in which civil and political rights enjoy constitutional protection.

Keywords: israel, economic and social rights, judicial review, constituional law

JEL Classification: K19, K33

Suggested Citation

Shany, Yuval and Rabin, Yoram, The Case for Judicial Review Over Social Rights: Israeli Perspectives. Israel Affairs, Vol. 14, No. 4, October 2008, Available at SSRN: https://ssrn.com/abstract=896289

Yuval Shany (Contact Author)

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
972 2 5882541 (Phone)
972 2 5823042 (Fax)

Israel Democracy Institute ( email )

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Jerusalem
Israel

HOME PAGE: http://www.idi.org.il

Yoram Rabin

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

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

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