Israel's Laws on Referendum: A Tale of Unconstitutional Legal Structure

Wattad, Mohammed Saif-Alden

Journal: Florida Journal of International Law

Volume: 27

Year: 2015

Bluebook Citation: 27 FLA. J. INT'L L. (2015)

Author: Mohammed Saif-Alden Wattad: all 10 publications


Abstract

In this Article, I aim at discussing the question whether it was necessary to enact the Referendum Basic Law instead of, or in addition to, the Referendum Law in order for the Knesset to incorporate the referendum system as a binding mechanism in the Israeli law, or so preferable as argued by the Knesset and the Government before the High Court of Justice (HCJ). In addition, I purport to discuss the inadequacy of the referendum system to legal systems of constitutional democratic features, regardless of the question whether such a system was adopted by an ordinary legislation or enshrined in a constitutional amendment.

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