CONSTITUTIONAL PARTISANSHIP IN ISRAEL
Keywords:
Constitution, Israel, judicial review, Supreme CourtAbstract
This paper is trying to explore the constitutional partisanship in English web search queries of mass media and think and do tanks based in Israel, given the fact that in the recent years a tremendous debate has been evolving in Israel about the adoption of a constitution. Although it was decided by the founding fathers that the constitution will be embraced gradually by adopting a package of basic laws, due to certain particularities the process never ended. The need of a constitution is constantly rising on the public agenda every time some turmoil or social crisis occurs. Therefore, with this paper, I try to assemble the relevant knowledge related to constitutional drafting and bargaining with the Israeli political economy of institutions particularities, while exploring the constitutional partisanship within the mass media and think tanks. Consequently, I will try to answer the next question: how does the attitude regarding the constitution, human rights, judicial review, Supreme Court, democracy and Zionism influence partisanship on constitutionalism and, therefore, developing support for an affirmative or a no-decision? Among the first, are there any elements or clusters that can trigger alone the decision on one side or another? Or is it just rhetoric as the members of media and civil society made first their decision upon sides, or had already preconceptions, and later on they picked their arguments?References
Ackerman, B. (2004). The emergency constitution. The Yale Law Journal, 113(5), 1029-1091.
Alesina, Alberto and Glaeser, Edward (2004). Fighting Poverty in the US and Europe: A World of Difference. Oxford: Oxford University Press.
Aristotle (1996). The Politics. In Stephen Everson (Ed.), Aristotle: The Politics and Constitution of Athens. Cambridge: Cambridge University Press.
Bagehot, Walter (1992). The English Constitution: The Cabinet. In Arend Lijphart (Ed.), Parliamentary versus Presidential Government (pp. 66 – 71). Oxford: Oxford University Press.
Bernstein, Richard B. (1987). Are We to Be a Nation?. Cambridge, MA: Harvard University Press.
Cheibub, José Antonio (2007). Presidentialism, Parliamentarism, and Democracy. Cambridge: Cambridge University Press.
Clark, William Roberts, Golder, Matt, and Golder, Sona Nadenichek. (2009). Principles of Comparative Politics. Washington, D.C.: CQ Press.
Dorner, D. (1999). Does Israel Have a Constitution. . Louis ULJ, 43, 1325.
Elster, J. (1995). Forces and mechanisms in the constitution-making process. Duke Law Journal, 45(2), 364-396.
Epstein, David F.(1984). The Political Theory of The Federalist. Chicago: University of Chicago Press.
Goldberg, G. (1998). Religious Zionism and the Framing of a Constitution for Israel. Israel Studies, 3(1), 211-229.
Hofnung, M. (1996). The Unintended Consequences of Unplanned Constitutional Reform: Constitutional Politics in Israel. The American Journal of Comparative Law, 44(4), 585-604.
Landfried, C. (1985). The impact of the German federal constitutional court on politics and policy output. Government and Opposition, 20(4), 522-542.
LaPorta, R., Lopez-de-Silane, F., Pop-Eleches, C., & Shleifer, A. (2003). Judicial checks and balances (No. w9775). National Bureau of Economic Research.
Lijpart, Arend (1999). Patterns of Democracy: Government Forms and Performance in 36 Countries. New Haven, CT: Yale University Press.
Lijphart, A. (1985). Non-majoritarian democracy: a comparison of federal and consociational theories. Publius: The Journal of Federalism, 15(2), 3-15.
Lijphart, A. (2004). Constitutional design for divided societies. Journal of democracy, 15(2), 96-109.
Madison, James, The Federalist No. 10.
Massicotte, Louis, Blais, Andre and Yoshinaka, Antoine (2004). Establishing the rules of the game. Election laws in democracies. London: University of Toronto Press.
Persson, T., Roland, G., & Tabellini, G. (1997). Separation of powers and political accountability. The Quarterly Journal of Economics, 112(4), 1163-1202.
Przeworski, Adam et al. (Eds.) (2009), Democracy, Accountability, and Representation. Cambridge: Cambridge University Press.
Rodden, Jonathan (2006). Hamilton’s Paradox: The Promise and Peril of Fiscal Federalism. Cambridge: Cambridge University Press.
Rodden, Jonathan (2012). The Long Shadow of the Industrial Revolution: Political Geography and the Representation of the Left. Book manuscript in progress.
Roessler, G. P. and Howard, M. M. (2009). Post-Cold War political regimes : When do elections matter? (2009). I Staffan I. Lindberg (Ed.), Democratization by Elections : A New Mode of Transition (pp. 101 – 127), London: John Hopkins University Press.
Segev, J. (2006). Who Needs a Constitution-In Defense of the Non-Decision Constitution-Making Tactic in Israel. Alb. L. Rev., 70, 409.
Shapira, A. (1983). Judicial Review Without a Constitution: The Israeli Paradox. Temp. LQ, 56, 405.
Shapira, A. (1992). Why Israel Has No Constitution, But Should, and Likely Will, Have One. . Louis ULJ, 37, 283.
Shapiro, M., & Stone, A. (1994). The new constitutional politics of Europe. Comparative Political Studies, 26(4), 397-420.
Sterett, S. (1994). Judicial review in Britain. Comparative Political Studies, 26(4), 421-442.
Wilson, Woodrow (1992). Committee or Cabinet Government?. In Arend Lijphart (Ed.), Parliamentary versus Presidential Government (pp. 72 – 74). Oxford: Oxford University Press.
