Chapter

Israel

Talia Einhorn

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0012
Israel

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Constitutive treaty provisions are not self-executing in Israel. Unless they are implemented in Israeli domestic law by primary or secondary legislation, they cannot be relied upon by private persons and cannot be applied by the Court. Furthermore, contradicting Israeli legislation overrides international norms. This result is mitigated by two rules, each of which creates a presumption of compliance — a rule of interpretation and a rule of presumption. In numerous cases, the yardstick for judicial review has been the rule of proportionality, which substantially constrains the discretion of the government.

Keywords: Israeli law; treaties; international agreements; domestic law; customary international law

Chapter.  21583 words. 

Subjects: Public International Law

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