International Journal of Human Rights
Volume 19, Issue 4, 2015, Pages 447-464

From the barrier to refugee law: National security’s transformation from a balancing right to a background element in the realms of Israeli constitutionalism (Article)

Solomon S.*
  • a Dickson Poon School of Law, Kings College London, United Kingdom

Abstract

Mapping cardinal cases of the Israeli Supreme Court, the article will demonstrate how, in the Israeli constitutional experience, the concept of national security came to be transformed from a balancing right to a background element. Along these lines, the article will argue that while Israeli constitutionalism indeed awarded national security parameters a decisive role in the realms of the human rights balance judicial discourse, it equally embarked on a procedure of delineating the existence of national security as an autonomous consideration, in cases where national security exigencies ceased to be obvious in the Israeli reality. Compelling the examination of a national security debate under the human rights lens, the Israeli Supreme Court aligned its jurisprudence with that of other supreme courts as well as with the international thematic constitutionalism model, aspiring to interpret the different fields of laws and various provisions under the concept of the right to dignity. © 2015 Taylor & Francis.

Author Keywords

Israeli constitutionalism National security Barrier refugee law

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84932622667&doi=10.1080%2f13642987.2015.1027063&partnerID=40&md5=ced0fba83270f76b781f000100c0e953

DOI: 10.1080/13642987.2015.1027063
ISSN: 13642987
Cited by: 1
Original Language: English