Course description:

This seminar will explore questions in comparative constitutional law and will focus on the constitutional law of Germany and Israel. It will compare issues of constitutional principles, judicial review and rights adjudication.

Within this framework, we will analyze from a comparative perspective the adjudication of the German Federal Constitutional Court and the Israeli Supreme Court, in particular with regard to courts’ methodological approaches to the interpretation of fundamental rights, the interpretation given to human dignity as a constitutional value and constitutional right, the principle of proportionality and the state’s constitutional duty to protect fundamental rights.

A special consideration will be given to the significance of the German constitutional law within the global constitutional development, and to its influence on the development of the Israeli constitutional law. Central examples that will be discussed are the principle of proportionality, its development in German law, its adoption in different systems of law and the interpretation that was given to it as a constitutional principle in German and - in comparison - in the Israeli law, the status and importance given to human dignity as a constitutional value and a constitutional right and the evolution in the constitutional protection of social rights.

The seminar will take place in from of a block seminar from Friday, May 18 to Sunday, May 20. The attendance at all seminar dates is required.

Seminar assignments will include:

Reading of assigned materials and active participation (15%);
Submission of a written paper (in accordance with instructions issued by the Law Faculty at the Freie Universität, 65%) and an oral presentation (20%).

Logistics:

Briefing and admission for regular degree-seeking (non-exchange) students

An introductory meeting for degree-seeking students, including the assignment of seminar topics, will take place on Wednesday, February 14, 16:00-17:00 in room 2204 at the Law Department (Boltzmannstr. 3). Interested students are kindly asked to register in advance with the course instructor, Dr. Michal Kramer: michal.kramer@hr-up.net

Admission and briefing for international exchange students

Visiting students from our partner universities are kindly asked to write an e-mail to the course instructor Ms. Kramer michal.kramer@hr-up.net and ask if there are still seats available. If admitted to this course, they are expected to attend the introductory meeting for international guest students on Tuesday, April 17th, 2018, 12.00 p.m. in room 2212 at the Law Department (Boltzmannstr. 3).

The International Office at the Law Department is going to enroll all students on Campus Management who have been admitted by the course instructor.

Seminar topics (preliminary list):

1. The application of proportionality test: examples from the case law.
2. Necessity and proportionality in the narrower sense - case analysis:
   HCJ 7146/12 Adam v. the Knesset (16.9.2013); HCJ 7052/03 Adalah Legal Centre for Arab Minority Rights in Israel and others v Minister of Interior (2006) para 68-73, 87-90, 90 of Justice Barak’s decision, para 154 Justice Rivlin, para 9, 11 justice Levi.
3. Positive rights – case analysis:
   HCJ 4541/94 Miller v. Minister of Defense (1994); HCJ 2599/00 Yated v. The Ministry of Education (2002); [BVerfG, Urteil des Ersten Senats vom 19. Dezember 2017 - 1 BvL 3/14 (German)].
4. What is the content of human dignity? A comparative analysis concerning landmark decisions.
5. When does the protection of dignity begin and when does it end?
6. Human dignity as an absolute value: dilemmas of balancing I - Human dignity and freedom of expression. Case analysis:
   HCJ 6126/94, 6143/94, 6126/94 Giora Szenes v. The Broadcasting Authority (1999); Mephisto BVerfGE 30, 173 (1971).
7. Human dignity as an absolute value: dilemmas of balancing II - combating terrorism:
   HCL 2056/04 Beit Sourik Village Council v. The Goverment of Israel (2004); The Aviation Security Act Case BVerfGE 115, 118 (2006)
8. Freedom of religion: religion and state relationship - case analysis:
   Germany Classroom Crucifix case BVerfGE 93, 1 (1995); CA 6024/97 Shavit v. Chevra Kadisha (1999).**
9. The Right to a dignified existence - case analysis:
   Hartz IV, BVerfGE 125, 175 (2010); HCJ 366/03 Commitment to Peace & Social Justice Association v. Minister of Finance (2005)

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