Abusive “Abusive Constitutionalism”

The paper focuses on the case study of Israel and argues that scholars there have accepted the “abusive constitutionalism” framework and made it central to their critique of current political and constitutional affairs there, suggesting that the country faces a serious risk of sliding into some form or another of authoritarianism. Rather than a change from a constitutional democracy to an authoritarian regime, the paper argues that the change Israel is going through is in fact a change within the broader project of liberal constitutionalism. Importantly, the paper further suggests that the critique that frames Israel as an “abusive” system strengthens the forces that support this particular change, which is precisely what those raising the critique wish to avoid and what makes the Israeli case one of abusive
“abusive constitutionalism.”