Canor, Iris, Tamar Gidron, and Haya Zandberg. “Litigating Human Rights Violations Through Tort Law: Israeli Law Perspective.” In Damages for Violations of Human Rights: A Comparative Study of Domestic Legal Systems (ed. Ewa Bagińska; Cham, Switzerland: Springer, 2016): 193-215.
Israeli law supplies multiple legal sources for protection of human rights: constitutional protection, criminal protection, administrative protection and civil law- mostly tort law- protection. These sources supply protection against both public (state and public authorities, bodies, officers) and private (personal as well as legal entities) violations of human rights. This papers deals with the relevant causes of action by which Israeli courts compensate for the harm caused by human rights violations. We shall mainly deal with tort law, yet since the interplay among the multiple sources of protection is sometime complicated and unclear we shall have to relate to constitutional/penal law as well, but only when directly relevant to the main issue of the paper. Two main consequences follow. First, the current law in Israel portrays a very well equipped toolkit. Second, nevertheless, case law still grapples with the idea of finding a well-balanced avenue to impose absolute liability for violations of human rights regardless of fault, negligence or any other deviation from reasonable conduct on the part of the state and its organs and/or officers in certain limited type of circumstances.
Navot, Suzie. The Constitution of Israel: A Contextual Analysis. Oxford: Hart, 2014.
This book presents the main features of the Israeli constitutional system and a topical discussion of Israel’s basic laws. It focuses on constitutional history and the peculiar decision to frame a constitution ‘by stages’. Following its British heritage and the lack of a formal constitution, Israel’s democracy grew for more than four decades on the principle of parliamentary supremacy. Introducing a constitutional model and the concept of judicial review of laws, the ‘constitutional revolution’ of the 1990s started a new era in Israel’s constitutional history. The book’s main themes include: constitutional principles; the legislature and the electoral system; the executive; the protection of fundamental rights and the crucial role of the Supreme Court in Israel’s constitutional discourse. It further presents Israel’s unique aspects as a Jewish and democratic state, and its ongoing search for the right balance between human rights and national security. Finally, the book offers a critical discussion of the development of Israel’s constitution and local projects aimed at enacting a single and comprehensive text.