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The Unintended Consequences of Unplanned Constitutional Reform: Constitutional Politics in Israel

The Unintended Consequences of Unplanned Constitutional Reform: Constitutional Politics in Israel MENACHEM HOFNUNG Th e Unintended Consequences of Unplanned Constitutiona l Reform: Constitutional Politics i n Israel INTRODUCTION The power of courts to engage in constitutional politics and to apply judicial review is based, in most cases, on a grant of formal authority to do so an d on a n expansion of tha t capacity by th e courts. Is it possible then, tha t a formal grant of judicial review may lead to a consequent reduction in the judiciary power to engage in constitu­ tional politics? Since 1945, man y states in Western Europe, Asia and Latin America have established or reestablished constitutional courts with review powers. This power of review enables th e courts to determine th e acceptability of a given law or other official action on grounds of incompatibility with constitutional norms. These court powers are used today more frequently than before to strike down laws and ad­ ministrative actions. European governments, parliaments, and ad­ ministrators interact differently as a resul t of thi s judicial activity. In thei r comparative study, Shapiro and Stone show how th e language, th e style, and th e outcomes of Europea n policy processes are now dif­ http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Unintended Consequences of Unplanned Constitutional Reform: Constitutional Politics in Israel

American Journal of Comparative Law , Volume 44 (4) – Oct 1, 1996

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Publisher
Oxford University Press
Copyright
© 1996 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840622
Publisher site
See Article on Publisher Site

Abstract

MENACHEM HOFNUNG Th e Unintended Consequences of Unplanned Constitutiona l Reform: Constitutional Politics i n Israel INTRODUCTION The power of courts to engage in constitutional politics and to apply judicial review is based, in most cases, on a grant of formal authority to do so an d on a n expansion of tha t capacity by th e courts. Is it possible then, tha t a formal grant of judicial review may lead to a consequent reduction in the judiciary power to engage in constitu­ tional politics? Since 1945, man y states in Western Europe, Asia and Latin America have established or reestablished constitutional courts with review powers. This power of review enables th e courts to determine th e acceptability of a given law or other official action on grounds of incompatibility with constitutional norms. These court powers are used today more frequently than before to strike down laws and ad­ ministrative actions. European governments, parliaments, and ad­ ministrators interact differently as a resul t of thi s judicial activity. In thei r comparative study, Shapiro and Stone show how th e language, th e style, and th e outcomes of Europea n policy processes are now dif­

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1996

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