Brandes on Human Dignity and Constitutional Rights Jurisprudence in Israel

Tamar Hostovsky Brandes (Ono Academic College – Faculty of Law) has posted Human Dignity as a Central Pillar in Constitutional Rights Jurisprudence in Israel: Definitions and Parameters. The abstract follows.  –JKH

This paper examines the role the concept of Human Dignity has played in constitutional rights jurisprudence in Israel since the enactment of Basic Law: Human Dignity and Liberty, in particular with regard to the recognition of rights not explicitly included in the Basic Law.

The right to Human Dignity has served as the primary source of recognition of unenumerated rights in Israel. This paper examines the methods employed by the Supreme Court in determining which unenumerated rights fall within the scope of the Basic Law. It examines the theories of interpretation applied by the Court when recognizing unenumerated rights and the judicial rhetoric used throughout the years to justify recognition of unenumerated rights.

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