Iddo Porat (College of Law and Business), Constitutionalism without Constitution: the Israeli Case

After the winter break, the International Dialogues in Constitutional Law series resumed with a lecture by Iddo Porat, from the College of Law and Business, Israel. Author of one of the most important books about proportionality and several articles published in international journals about central themes of contemporary constitutionalism, Porat approached the controversy around the existence of a written constitution in Israel. Based on an analysis of the Israeli constitutional history since its foundation in 1948, and giving special attention to the constitutional revolution of the 1990s, he argued that the Israeli Supreme Court, under the leadership of its most influential Justice, Aharon Barak, carried out a platonic conception of the constitutional text in order to bridge the gap between the partial and fragmented Basic Laws enacted throughout the decades and the ideal of a full-fledged constitution holding a bill of rights. That process arguably transcended mere constitutional interpretation and entered into the realm of constitutional creation and building.

Author: w3constituicao