Populist Constitutionalism and the Judicial Overhaul in Israel

Yaniv Roznai · Amichai Cohen

58 citations0/0 files storedIsrael Law Review

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Judicial and Constitutional Studies Comparative constitutional jurisprudence studies Populism, Right-Wing Movements

Abstract

Abstract In the last year Israel has been going through its most severe constitutional crisis in its history. The newly elected right-wing government has initiated a judicial overhaul that would limit the authority of the judiciary and grant the executive almost absolute powers. In response, the country has witnessed unprecedented civil protestations and opposition from nearly all segments of civil society, academia and economic sectors. In this article we argue that the judicial overhaul must be analysed as a populist constitutional project. We also explain that compared with other systems, Israeli democracy is especially vulnerable to populism, because of its unique institutional design factors coupled with social factors. Only with understanding these factors can one grasp the risks that the judicial overhaul poses to Israeli democracy.

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References

2004The Populist Zeitgeist 2017Populism: A Very Short Introduction 2016What Is Populism?2017The Oxford Handbook of Populism 2013Patterns of democracy: government forms and performance in thirty-six countries 2018How to Save a Constitutional Democracy 2004Towards Juristocracy: The Origins and Consequences of the New Constitutionalism

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