Adam Shinar
Biographic Data
| ID | 1323272 |
|---|---|
| NAME | Adam Shinar |
| GIVEN NAMES | Adam |
| FAMILY NAME | Shinar |
| SIGNATURE | SHINAR A |
| AFFILIATIONS | Reichman University |
| ORCID | 0000-0002-9163-9808 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2009 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Banning German and Germany
From 1948 until 1967, Israel banned German language films, plays, and vocal music. Largely forgotten today, this article unravels the shifting contours of the ban—the only formal ban ever instituted by Israel on Germany—and unearths its rationales. It does so by focusing on the government agency in charge of formulating and administering the ban, the Film and Theatre Review Board. The article makes four arguments. First, the ban sought to protect…
Constitutional Overhaul, the War in Gaza, and the Puzzle of Civic Mobilization in Israel
Much has been written on the constitutional overhaul in Israel, and the attendant constitutional crisis in the first nine months of 2023. Since October 7, however, with the breakout of the Israel-Gaza war, the overhaul was seemingly shelved. This Article seeks to connect both events, by comparing the legal-political response to the overhaul with the legal-political response to the war. It asks why, given the intensity of the protest movement gene…
Israel's Declaration of Independence
Journal Article Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment. By Neil Rogachevsky and Dov Zigler Get access Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment. By Neil Rogachevsky and Dov Zigler. London, UK: Cambridge University Press, 2023. 285pp. $39.99. Adam Shinar Adam Shinar Harry Radzyner Law School, Reichman University, Herzliya, I…
Two concepts of constitutional legitimacy
What legitimates constitutions? One standard answer is that constitutions are legitimate only if they represent the people they govern. This article identifies two different conceptions of representation. Representation can be grounded either in the consent or the will of the citizens or when the constitution reflects the ‘real’ identity of the members of the nation. Alternatively, it is sometimes stated that the constitution is legitimate becaus…
Deconstructing Mixed Constitutions
A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitution…
Democratic Backsliding, Subsidized Speech, and the New Majoritarian Entrenchment
This Article argues that democratic backsliding is operationalized through selective government funding of private speech. Subsidized speech can leverage the government's voice while silencing or diminishing voices that seek to challenge the government's message or create the background conditions for critical faculties. This leveraging, in turn, serves to entrench the power of the political majority, further insulating it from the processes of d…
The ideologies of global constitutionalism
This introduction sets the stage for the special issue on the ‘ideologies of global constitutionalism’. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies underlying global constitutionalism through a thematic exposition of the articles in the special issue. In particular, the introduction questions the conventional link between global constitution…
The Case Against Police Militarization
We usually think there is a difference between the police and the military. Recently, however, the police have become increasingly militarized – a process which is likely to intensify in coming years. Unsurprisingly, many find this process alarming and call for its reversal. However, while most of the objections to police militarization are framed as instrumental arguments, these arguments are unable to capture the core problem with militarizatio…
With a little help from the courts
This is a review of Mark Tushnet’s Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law. The review outlines the main arguments in the book and then moves to elaborate on two preconditions which are necessary for Tushnet’s project to succeed: the existence of a strong civil society and an institutional willingness to implement social welfare rights. In addition, this review seeks to situate the b…
Two concepts of constitutional legitimacy
What legitimates constitutions? One standard answer is that constitutions are legitimate only if they represent the people they govern. This article identifies two different conceptions of representation. Representation can be grounded either in the consent or the will of the citizens or when the constitution reflects the ‘real’ identity of the members of the nation. Alternatively, it is sometimes stated that the constitution is legitimate becaus…
The Case Against Police Militarization
We usually think there is a difference between the police and the military. Recently, however, the police have become increasingly militarized – a process which is likely to intensify in coming years. Unsurprisingly, many find this process alarming and call for its reversal. However, while most of the objections to police militarization are framed as instrumental arguments, these arguments are unable to capture the core problem with militarizatio…
Democratic Backsliding, Subsidized Speech, and the New Majoritarian Entrenchment
This Article argues that democratic backsliding is operationalized through selective government funding of private speech. Subsidized speech can leverage the government's voice while silencing or diminishing voices that seek to challenge the government's message or create the background conditions for critical faculties. This leveraging, in turn, serves to entrench the power of the political majority, further insulating it from the processes of d…
The ideologies of global constitutionalism
This introduction sets the stage for the special issue on the ‘ideologies of global constitutionalism’. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies underlying global constitutionalism through a thematic exposition of the articles in the special issue. In particular, the introduction questions the conventional link between global constitution…
With a little help from the courts
This is a review of Mark Tushnet’s Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law. The review outlines the main arguments in the book and then moves to elaborate on two preconditions which are necessary for Tushnet’s project to succeed: the existence of a strong civil society and an institutional willingness to implement social welfare rights. In addition, this review seeks to situate the b…
The Case Against Police Militarization
We usually think there is a difference between the police and the military. Recently, however, the police have become increasingly militarized – a process which is likely to intensify in coming years. Unsurprisingly, many find this process alarming and call for its reversal. However, while most of the objections to police militarization are framed as instrumental arguments, these arguments are unable to capture the core problem with militarizatio…
The ideologies of global constitutionalism
This introduction sets the stage for the special issue on the ‘ideologies of global constitutionalism’. It describes the competing approaches for conceptualising and analysing global constitutionalism. It then turns to highlight the overlooked ideologies underlying global constitutionalism through a thematic exposition of the articles in the special issue. In particular, the introduction questions the conventional link between global constitution…
Democratic Backsliding, Subsidized Speech, and the New Majoritarian Entrenchment
This Article argues that democratic backsliding is operationalized through selective government funding of private speech. Subsidized speech can leverage the government's voice while silencing or diminishing voices that seek to challenge the government's message or create the background conditions for critical faculties. This leveraging, in turn, serves to entrench the power of the political majority, further insulating it from the processes of d…
Two concepts of constitutional legitimacy
What legitimates constitutions? One standard answer is that constitutions are legitimate only if they represent the people they govern. This article identifies two different conceptions of representation. Representation can be grounded either in the consent or the will of the citizens or when the constitution reflects the ‘real’ identity of the members of the nation. Alternatively, it is sometimes stated that the constitution is legitimate becaus…
Deconstructing Mixed Constitutions
A central task of comparative constitutional law scholarship is categorization and classification of constitutions. Recent scholarship, no doubt informed by the populist tide, has sought to develop the concept of a mixed constitution. Broadly speaking, a mixed constitution is a constitution that integrates liberal and illiberal elements, elements that are usually separate and not found under the same constitution. The study of “mixed constitution…
Israel's Declaration of Independence
Journal Article Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment. By Neil Rogachevsky and Dov Zigler Get access Israel's Declaration of Independence: The History and Political Theory of the Nation's Founding Moment. By Neil Rogachevsky and Dov Zigler. London, UK: Cambridge University Press, 2023. 285pp. $39.99. Adam Shinar Adam Shinar Harry Radzyner Law School, Reichman University, Herzliya, I…
Constitutional Overhaul, the War in Gaza, and the Puzzle of Civic Mobilization in Israel
Much has been written on the constitutional overhaul in Israel, and the attendant constitutional crisis in the first nine months of 2023. Since October 7, however, with the breakout of the Israel-Gaza war, the overhaul was seemingly shelved. This Article seeks to connect both events, by comparing the legal-political response to the overhaul with the legal-political response to the war. It asks why, given the intensity of the protest movement gene…
Banning German and Germany
From 1948 until 1967, Israel banned German language films, plays, and vocal music. Largely forgotten today, this article unravels the shifting contours of the ban—the only formal ban ever instituted by Israel on Germany—and unearths its rationales. It does so by focusing on the government agency in charge of formulating and administering the ban, the Film and Theatre Review Board. The article makes four arguments. First, the ban sought to protect…
Law (8 works) · Political science (8 works) · Sociology (7 works) · Law (5 works) · Politics (5 works) · Judicial and Constitutional Studies (4 works) · Constitution (3 works) · Law and economics (3 works) · Constitutional law (2 works) · Democracy (2 works)