Liberalizing the Law in the Land of the Lord: Limits to the Americanization of Israeli Religious Jurisprudence
PDF · Andrea Brooke Jenkins · Feb-12-2013 · 46 VAND. J. TRANSNAT’L L. 233 (2013)
This Note presents an analysis of American and Israeli constitutional jurisprudence concerning matters of religion. Recently, there has been a shift in Israel’s High Court of Justice toward implementing values of individual rights and religious pluralism. Some have analogized this shift in focus to the role played by the U.S. Supreme Court. However, fundamental differences remain between the American and Israeli approaches, stemming from divergent conceptions of national identity encapsulated in the states’ respective foundational legal documents.
This Note examines the interplay of national identity and religious jurisprudence and its effect on individuals’ legal rights. In doing so, it demonstrates how the legal entwinement of religion and state will prevent Israel from fully implementing American norms regarding matters of religion.