Law

One of the most pressing problems of current constitutional law in the aftermath of September 11 is how to balance constitutional rights and national security interests. No one however seems to pause and ask should we balance individual rights and national security interests and if so when. One of the reasons for this is the widespread acceptance of what I shall term in this Article, the balancing consciousness: the view that every problem can and should be solved through balancing conflicting considerations. This Article demonstrates that the balancing consciousness is misleading. Not every problem can and should be solved through balancing conflicting considerations. Instead of the balancing consciousness, this Article argues for a dual model, which envisions two logical forms of decision-making - balancing and non-balancing. This model has far-reaching implication for constitutional adjudication. The dual model is based on a distinction between two levels, or orders, of considera...

A proposal to ban circumcision for non-medical reasons in Iceland has generated a heated debate over whether banning the practice would amount to an attack on religious freedom. Iddo Porat argues that we should be suspicious of any majority proposed legislation which affects only minority groups.

Abstract Israel's constitutional structure purports to combine strong establishment of the Orthodox Jewish religion in the state with respect for liberal values such as pluralism equality and liberty. Whereas the establishment of the Orthodox Jewish religion is achieved through laws regulations and administrative power, liberal values that are only partially enshrined in law, are mostly defended and articulated by the Israeli Supreme Court.