The Case for Judicial Review over Social Rights: Israeli Perspectives

Abstract

The present article seeks to introduce an Israeli perspective to the debate over the appropriate constitutional status of social rights. Specifically, it addresses the question of the desirability and feasibility of judicial review on the basis of constitutionally protected social rights, which is a major source of contention in contemporary Israeli constitutional discourses. Indeed, the question of constitutionalization of social rights in Israel and the ensuing bestowal upon courts of judicial review powers has two practical projects in sight ? explicit incorporation of social rights into the future constitution (or basic laws) or reinterpretation of existing constitutional rights in a manner consistent with the protection of social rights. Consequently, the article describes the main contours of the Israeli debate over constitutional judicial review, as applied to social rights, and reviews both potential incorporation projects; though it ultimately focuses on the pros and cons of a policy of explicit incorporation of judicially enforceable social rights, in a manner comparable to the way in which civil and political rights enjoy constitutional protection.