Lecture: Israel’s Constitutional Paradox

Prof. Dr. Amon Reichman

University of Haifa (Israel)

Date: 6.11.2024, 6.00 p.m.
Venue: Room L603, 6th floor | Faculty of Law | Sigmund Freud University | Lassallestraße 3, 1020 Vienna

 

Recently, Israel has been facing considerable challenges to its constitutional regime. Attempts were made by the coalition majority, led by the Justice Minister, to change some key features of Israel’s structure, prompting the Supreme Court to strike down an amendment to Basic Law: The Judiciary, as well as to postpone the entry into force of an amendment to Basic Law: Government. In so doing, the court has addressed the doctrine of Unconstitutional Constitutional Amendment, but also developed a neighboring important component – Abuse of Constituent Power. Both of these developments engage with Israel’s normative pyramid in novel ways, including confronting the status of its foundational constitutional facts. These developments shed an interesting light on the concept of constituent power, analytically and normatively, and therefore are relevant beyond Israel.

 

Please register until 5.11.2024: konrad.lachmayer@jus.sfu.ac.at

Biography

Professor Amnon Reichman teaches and researches administrative and constitutional law (Israeli and Comparative) as well as law and technology. He is the Director of the Haifa Center for Cyber, Law and Policy.

In public law, his publications address human rights (Human Dignity, Freedom of Expression, Equality, Privacy, Due Process, Freedom of Vocation and Freedom of Religion) separation of powers and judicial independence, theories of judicial review, interpretation and judicial discretion, modalities of regulation (including the relationship between regulation and judicial review), and methodologies of comparative law.

In law-and-technology he writes on the role of the state in Cyber, on the regulation of AI, on the public-private technological and jurisdictional interface, and on the methodologies of risk assessment, such as sandboxing.

In addition, Reichman engages in law and society research, primarily regarding the relationship between law and culture, (including law and literature and law and cinema), system theory and constitutional evolution, and the challenges to the culture of the rule of law.

Reichman has taught in several law schools, including Cardozo School of Law (NY), the Judicial College in Reno (NV) and UC Berkeley School of Law (CA). He serves on various professional boards (including the board of the Israeli Association of Public Law and the Israeli chapter of ICON-S), and was the president of the Israeli Association of Law and Society (2016).

Reichman has won several awards (including the Dusty Miller award for outstanding young scholar and an award for excellence in teaching), and several competitive grants (including the Israel Science Foundation and the Ministry of Science and Technology). Prior to joining the faculty of law at the University of Haifa (2001) he spent a year as a faculty fellow at Safra Center for Ethics and the Professions at Harvard. He holds an LL.B from Hebrew University, an LL.M from UC Berkeley, and an S.J.D from the University of Toronto. Reichman clerked for the Hon. Justice Aharon Barak at the Israeli Supreme Court, and articled with Ephraim Abramson & Co., in Jerusalem.

He is the director of the Research Forum on the Rule of Law, and a Principal Investigator in the Minerva Center for the Study of the Rule of Law under Extreme Conditions.