The Relationship Between International Law and Constitutional Law in Israel

Abstract

This chapter examines the question of the relationship between international law and constitutional law within Israeli law. In particular, the chapter examines whether and how the rules of incorporation of international law in Israel, which determine the relationship between international law and regular legislation, and which were prescribed by the Supreme Court, are applicable with respect to constitutional norms—Israel’s Basic Laws. This chapter argues that it is time for the Court to clarify the relationship between international law and constitutional law, in particular in the area of human rights. It argues that the Court should apply a presumption of compatibility with international law to the Basic Laws, and that international human rights law should play a role in constitutional interpretation, both in determining the scope and content of constitutional rights and in delineating permitted limitations of such rights.