Fantasies of Liberalism and Liberal Jurisprudence: State Law, Politics, and the Israeli Arab-Palestinian Community

@article{Barzilai2000FantasiesOL,
  title={Fantasies of Liberalism and Liberal Jurisprudence: State Law, Politics, and the Israeli Arab-Palestinian Community},
  author={Gad Barzilai},
  journal={Israel Law Review},
  year={2000},
  volume={34},
  pages={425 - 451}
}
  • G. Barzilai
  • Published 2000
  • Law, Political Science
  • Israel Law Review
Some thirty years after the Bergman decision, Israel's constitutional structure and legal culture are still not responsive to minority needs or, more broadly, to the social needs of deprived communities. The liberal language and judicial review of Knesset legislation that were empowered by Bergman have not reconciled this problematic discrepancy between jurisprudence and social needs. The Bergman ruling signified the onset of a new era in Israel jurisprudence — the era of liberalism, in that it… 
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References

SHOWING 1-10 OF 14 REFERENCES
Ethnic Democracy and the Legal Construction of Citizenship: Arab Citizens of the Jewish State.
The citizenship status of its Arab citizens is the key to Israel's ability to function as an ethnic democracy , that is, a political system combining democratic institutions with the dominance of one
Foundations of European legal culture.
In my opinion, not only human beings but also creations of the human mind have a right to receive just treatment. My colleague and friend, Friedrich K. Juenger, was the first to suggest that just
The Legal Status of the Arabs in Israel
This study examines how the Israeli legal system copes with two major issues. The first is the tension between the constitutional definition of Israel as both a Jewish state and a democracy committed
The U.S. Supreme Court
Legitimacy exists when citizens comply with governmental edicts despite substantive disapproval. Attribution of legitimacy may proceed from at least three antecedents: subscription to a "judicial
Just in Time: Temporality and the Cultural Legitimation of Law
This Article is about the relationship between cultural conceptions of time-"social time"-and the organization and management of legal institutions. As an idea, time has profound consequences in its
Multicultural Citizenship: A Liberal Theory of Minority Rights
The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural
Is There a Modern Legal Culture
Abstract. This essay argues that there are certain traits which, taken together, characterize modern legal systems, and are reflexes of modern legal culture. Modern law is rapidly changing; it is
Arab National Communism in the Jewish State
This text focuses on the role of the Communist party of Israel (CPI) as a mobilizing force among the Arab Palestinian citizens of Israel from 1948 to the present. It examines the party's complex
Toward an Understanding of Legal Culture: Variations in Individualism and Collectivism between Kurds, Lebanese, and Germans
La culture juridique est un produit derive du social qui inclut des concepts en correlation tels que la legitimite et l'acceptation des autorites, les preferences et les croyances a prendre en
Indian rights and customary law in Mexico: a study of the Nahuas in the Sierra de Puebla
A partir des donnees d'un projet de recherche dans la region indienne nahua du Mexique central, l'A. se concentre sur les relations entre le droit coutumier et le droit etatique dans le cadre de
...
...