Abstract
In 1992 the Israeli Knesset enacted the Basic Law: Freedom of Occupation and the Basic Law: Human Dignity and Freedom. These basic laws, as chapters in Israel's emerging formal Constitution, have opened the way for judicial review of parliamentary legislation that violates human rights. Opposition from some political quarters prevented inclusion in the basic laws of some rights protected under modern constitutions and human rights treaties. However, the rights protected include ‘human dignity’, a term that can be broadened by judicial interpretation so as to include violations of rights not specifically mentioned in the basic laws. The basic laws lay down a balancing test for deciding whether restrictions on protected rights are legitimate. All restrictions must be prescribed by a law that befits Israel as a Jewish and democratic State, that was enacted for a worthy purpose and that meets the proportionality test.
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