The ?Constitutional Revolution? and the Emergence of a New Economic Order in Israel

Abstract

THE "CONSTITUTIONAL REVOLUTION" IN ISRAEL is often seen in light of three theoretical issues—the recognition given by the new Basic Laws to some basic human rights, the potential disqualification of "unconstitutional laws" by the Supreme Court, and the clear manifestation in the new Basic Laws of the dual character of Israel as a Jewish and democratic state. While it is true that the constitutional revolution strengthens the status of some basic human rights in Israel, and that the constitutional definition of Israel as a Jewish and democratic state is highly problematic, another important dimension of the revolution is often ignored—that is, its relations to the emerging new economic order in Israel. Now that five years have passed since the enactment of the new Basic Laws, we can begin to assess, by closely examining their interpretation in the courts, the direction the constitutional revolution has taken with regard to Israel's emerging new economic order. 1 In my opinion, the constitutional revolution reflects and promotes the neo-liberal, individualist, "free enterprise" worldview upon which the new economic order now emerging in Israel is based.