The Rise of American Conservatism in Israel
Penn State Journal of Law & International Affairs Volume 8 Issue 2 September 2020 The Rise of American Conservatism in Israel Rafi Reznik Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the International and Area Studies Commons, International Law Commons, International Trade Law Commons, and the Law and Politics Commons ISSN: 2168-7951 Recommended Citation Rafi Reznik, The Rise of American Conservatism in Israel, 8 PENN. ST. J.L. & INT'L AFF. 383 (2020). Available at: https://elibrary.law.psu.edu/jlia/vol8/iss2/5 The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2020 VOLUME 8 NO. 2 THE RISE OF AMERICAN CONSERVATISM IN ISRAEL Rafi Reznik* ABSTRACT The American fascination with the link between interpretive methodology and political ideology rarely reaches beyond its borders. This Article offers a comparative case study, which converses with the American example—Israel. A twofold argument is offered to facilitate this conversation. First, the Article identifies a shift in the ideological climate of the Supreme Court of Israel, manifested in the rise of a new interpretive method. For the first time, the interpretive theory prevailing in Israel, Purposive Interpretation, faces a viable competitor. The Article unpacks the challenges posed by the new theory, termed Purposive Originalism, in methodology as well as underlying understanding of democratic principles. While Purposive Interpretation is conceptually and historically tied to American liberal theories, Purposive Originalism deeply resonates American conservatism, espousing variations on its three basic tenets: originalism, bright-line rules, and deference.
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