1 Among the most important of these treaties are the International Covenant on Civil and Political Rights, 16 Dec. 1966, UN GA Res 2200 A(XXI), GAOR, 21^st Sess, Supp. No. 16 (A/6316) 52, UN Doc A/CONF. 32/4 (Hereinafter: “ICCPR”); the International Covenant on Economic, Social and Cultural Rights, 16 Dec. 1966, GA Res 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 49, UN Doc A/6316 (1966), 993 UNTS 3 (Hereinafter: “ICESCR”); the International Convention on the Elimination of All Forms of Racial Discrimination, 21 Dec. 1965, GA Res 2106A(XX), UN GAOR, 12^th Sess, Supp. No. 14 (A/6014) 47, UN Doc A/CONF. 32/4; the Convention on the Elimination of All Forms of Discrimination against Women, 18 Dec. 1979, GA Res 34/180, 34 UN GAOR Supp. (No. 46) at 193, UN Doc A/34/46; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 Dec. 1984, GARes 39/46. 39 UN GAOR Supp. (No. 51), UN Doc A/39/51, at 197 (1984), 23 I.L.M. (1984) 1027; the Convention on the Rights of the Child, GA Res 44/25, annex, 44 UN GAOR Supp. (No. 49) at 167, UN Doc A/44/49 (1989)(Hereinafter: “CRC”); the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 18 Dec. 1990, GARes 45/158, annex, 45 UN GAOR Supp. (No. 49A) at 262, UN Doc A/45/49 (1990); the Convention for the Protection of Human Rights and Fundamental Freedoms, 4 Nov. 1950, 213 UNTS 222 (Hereinafter: “ECHR”); the American Convention on Human Rights, 27 Nov. 1969, 1144 UNTS 123; the European Social Charter, 18 Oct. 1961. ETS 35; and the African Charter on Human and Peoples' Rights, 27 June 1981, OAU Doc CAB/LEG/67/3 rev. 5, 21 ILM (1982) 58.

2 See eg, Universal Declaration of Human Rights, 10 Dec. 1948, GA Res 217A (III), UN Doc A/810 at 71 (1948) (Hereinafter: “UDHR”); Vienna Declaration and Programme of Action, World Conference on Human Rights, Vienna, 14–25 June 1993, UN Doc A/CONF.157/24 (Part I) at 20 (1993).

3 The two most active international human rights courts are the European Court of Human Rights and the Inter-American Court of Human Rights. However, quasi-judicial procedures also operate under the auspices of the UN Human Rights Committee, the UN Committee against Torture, the UN Committee on the Elimination of Racial Discrimination, the UN Committee on the Elimination of Discrimination against Women, the Inter-American Commission on Human Rights, the African Commission on Human Rights and the European Committee on Social Rights.

4 An obvious example is the United States Bill of Rights (adopted in 1791 as a series of Constitutional Amendments), which contains mostly negative provisions: ‘Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances’ (US Const., 1^st Amendment); ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…’ (Ibid., 4^th Amendment.); No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Ibid., 14^th Amendment.).

5 UDHR, article 22–27. These rights include the right to social security (article 22), the right to work and to just and favourable work conditions (article 23–24), the right to an adequate standard of living (article 25), the right to health (article 25), the right to education (article 26) and the right to participate in cultural life and to enjoy the benefits of scientific progress (article 27).

6 Constitution of Ireland, article 45.

7 Indian Constitution, article 39. For discussion of the role of social rights in the India order, see Austin, Granville Working a Democratic Constitution – The Indian Experience (New Delhi, OUP, 1999)Google Scholar; Vijayashri, . Sripati, , “Towards Fifty Years of Constitutionalism and Fundamental Rights in India: Looking Back to See Ahead” (1998) 14 Am. U. Int'l L. Rev. 413, 420–423 Google Scholar; Cooper, J. “Poverty and Constitutional Justice; The Indian Experience” (1993) 44 Mercer L. Rev. 611, 612 Google Scholar.

8 German Basic Law, article 20. For discussion of the status of social rights under the German Basic Law, see Quint, Peter E., “The Constitutional Guarantees of Social Welfare in the Process of German Unification” (1999) 47 Am. J. Comp. L. 303 CrossRefGoogle Scholar.

9 See e.g. Schwartz, Herman, “Recent Development: Do Economic and Social Rights Belong in Constitutions” 10 Am U.J. Int'L & Pol'y (1995) 1233 Google Scholar; Deale, Frank E.L., “The Unhappy History of Economic Rights in the United States and Prospects for their Creation and Renewal” (2000) 43 How. L.J. 281 Google Scholar; Sunstein, Cass R., “Why Does the American Constitution Lack Social and Economic Guarantees?” Chicago Public Law and Legal Theory Working Paper (2003) 36 Google Scholar. [http://www.law.uchicago.edu/academics/publiclaw/resources/36.crs.constitution.pdf].

10 See e.g. Woods, Jeanne M., “Justiciable Social Rights as a Critique of the Liberal Paradigm” (2003) 38 Tex Int'l L.J. 763 Google Scholar; Liebenberg, Sandra, “The Protection of Economic and Social Rights in Domestic Legal Systems” in Eide, Asbjirn, Krause, Catarina and Rosas, Allan, eds. Economic, Social and Cultural Rights: A Textbook (Dordrecht, Martinus Nijhoff, 2nd ed, 2001) 55 Google Scholar.

11 For a survey of domestic developments, see Liebenberg, ibid. For a discussion of international developments, see Scheinin, Martin, “Economic and Social Rights as Legal Rights” in Eide, Asbjrn, Krause, Catarina and Rosas, Allan, eds. Economic, Social and Cultural Rights: A Textbook (Dordrecht, Martinus Nijhoff, 2nd ed, 2001) 29 Google Scholar.

12 New constitutions have been adopted in recent years in former Communist-bloc East European countries, in former Republics of the Soviet Union, in the States comprising the former Federal Republic of Yugoslavia, in South Africa and in a number of new states (eg, Eritrea, East Timor). In 2004, an interin constitution was adopted om Iraq. For the debate over including social rights in new Eastern European Constitutions see Jackson, Vicki C. and Tushent, Mark, Comparative Constitutional Law (New York, Foundation Press, 1999) 1436, 1452 Google Scholar; Henckaerts, Jean-Marie and Van der Jeught, Stefaan, “Human Rights Protection Under the Constitutions of Central Europe” (1998) 20 Loy. LA. Int'l & Comp. L. Rev 475, 491–496 Google Scholar; Cholewinski, Ryszard, “The Protection of Human Rights in the New Polish Constitution” (1998) 22 Fordham Int'l L.J. 236, 269 Google Scholar.

13 See e.g. Scott, Craig and Macklem, Patrick, “Constitutional Ropes of Sand or Justiciable Guarantees? Social Rights in a New South African Constitution” (1992) 141 U. Pa. L. Rev. 1 CrossRefGoogle Scholar.

14 Constitution of the Republic of South Africa, articles 23–30. See discussion in De Vos, Piet, “Pious Wishes or Directly Enforceable Human Rights? Social and Economic Rights in South Africa's 1996 Constitution” (1997) 13 South Africa Journal of Human Rights 67 CrossRefGoogle Scholar; Sachs, Albie, “The Creation of South Africa's Constitution” 41 N.Y.L. Sch. L. Rev. (1997) 669 Google Scholar.

15 See eg, Soobramoney v. Minister of Health, 1997 (12) BCLR 1696 (CC); South Africa v. Grootboom, 2000 (11) BCLR 1169 (CC); Minister of Health v. Treatment Action Campaign, 2002.(10) BCLR 1033 (CC).

16 For recent discussion of the subject, see e.g. Michelman, Frank I., “The Constitution, Social Rights and Liberal Political Justification” (2003) 1 Int'l J. Const. L. 13 Google Scholar.

17 For comparison between the status of ESR in Israel and South Africa, see Gross, Aeyal, “The Constitution, Reconciliation, and Transitional Justice: Lessons from South Africa and Israel” (2004) 40 Stan. J. Int'l L. 47 Google Scholar.

18 Several attempts have made to define what constitute ESR. One approach views ESR as predominantly protected via positive rights, compared to the predominantly negative nature of civil rights. See e.g. Eide, Asbjrn and Rosas, Allan, “Economic, Social and Cultural Rights: A Universal Challenge” in Eide, Asbjrn, Krause, Catarina and Rosas, Allan, eds. Economic, Social and Cultural Rights: A Textbook (Dordrecht, Martinus Nijhoff, 2nd ed, 2001) 3, 5 Google Scholar. Another approach highlights the historical context of the emergence of ESR, and accordingly divides human rights into temporal generations (ESR constituting a second generation of rights). See e.g. Craven, Matthew, The International Covenant on Economic, Social and Cultural Rights: Perspective on Its Development (Oxford, Clarendon Press, 1998) 8 Google Scholar; Waldron, Jeremy, “Liberal Rights – Two Sides of the Coin” in Liberal Rights – Collected Papers, 1981 – 1991 (Cambridge, CUP, 1993) 1 Google Scholar. A third approach considers ESR as rights to fundamental services and goods, underlying basic human capabilities, which are inaccessible to the economically underprivileged (often tying ESR to more comprehensive distributive justice projects). See Frankenberg, Gunter, “Why Care? The Trouble with Social Rights” (1996) 17 Cardozo L. Rev. 1365 Google Scholar; Weston, Burns H. “Human Rights” in Claude, Richard Pierre & Weston, Burns H., eds. Human Rights in the World Community, Issues and Actions (Philadelphia, University of Philadelphia Press, 2d ed, 1992) 14, at 9Google Scholar.

19 For example, it is now widely accepted that civil and political rights have dominant positive obligation components. See Mowbray, Alastair, The Development of Positive Obligations on Human Rights by the European Court of Human Rights (Oxford, Hart, 2004)Google Scholar.

20 There is extensive literature on the nature of the positive obligation to implement ESR. It is generally agreed that the positive duty to secure ESR can be broken down into two specific obligations: to protect from violation by private entities and to actively fulfil the rights. The latter obligation can be broken down again into a duty to directly provide services and to facilitate individual attainment of social services and resources. See e.g. Asbjrn Eide and Allan Rosas, supra n. 18 at 9, 23–24; Keller, Linda M., “The American Rejection of Economic Rights as Human Rights & the Declaration of Independence: Does the Pursuit of Happiness Require Basic Economic Rights?” (2003) 19 N.Y.L. Sch. J. Hum. Rts. 557, 586–613 Google Scholar. For the sake of completion one should note that ESR also introduce a negative obligation to respect the right.

21 On the theory of human capabilities as underlying human rights, see Sen, Amartya, “Capability and Well-Being” in Nussbaum, Martha C. and Sen, Amartya, eds. The Quality of Life (Oxford, Clarendon Press, 1993) 30 CrossRefGoogle Scholar; Nussbaum, Martha C., “Capabilities and Human Rights” (1997) 66 Fordham L. Rev. 273 Google Scholar.

22 For this history see in general: Barak-Erez, Daphna, “From an Unwritten to a Written Constitution: the Israeli Challenge in American Perspective” (1995) 26 Colum. Hum. Rts. L. Rev. 309 Google Scholar; Hofnung, M., “The Unintended Consequences of Unplanned Constitutional Reform: Constitutional Politics in Israel” (1996) 44 Am. J. Comp. L. 585 CrossRefGoogle Scholar.

23 Barak-Erez, ibid., at 312.

24 Hofnung, supra n. 22, at 588. See also: Maoz, Asher, “Constitutional Law” in Zamir, Itzhak and Colombo, Sylviane, eds. The Law of Israel: General Surveys (Jerusalem, Sacher Institute, 1995) 5, at 7 Google Scholar. There are also speculations that Prime Minister Ben-Gurion was reluctant to restrict, through the enactment of a constitution, his freedom of political manoeuvring. See Cohen, Barak, “Empowering Constitutionalism with Text from an Israeli Perspective” 18 Am. U. Int'l L. Rev. (2003) 585, 629 Google Scholar.

25 5 DK 1743 (1950).

26 Hofnung, supra n. 22, at 588.

27 Maoz, supra n. 24, at 7. See also Rubinstein, Amnon “Israel's Piecemeal Constitution” (1966) 16 Scripta Hierosolymita 201 Google Scholar; Nimmer, Melville B., “The Uses of Judicial Review in Israel's Quest for a Constitution” (1970) 70 Colum. L. Rev. 1217 CrossRefGoogle Scholar.

28 This practical custom received a legal approval by the majority opinion in C.A. 6821/93 Bank Hamizrachi Hameuhad Ltd. v. Migdal Cooperative Village 49(4) P.D. 221.

29 Basic Law: the Knesset, 1958, 12 L.S.I. 85.

30 The original Basic Law: the Government, 1969, 22 L.S.I. 257, was replaced by two new Basic Laws: first in 1992 (Basic Law: the Government, S.H. 1396,1992 and then again in 2001 (Basic Law: the Government, 2001, S.H. 1780.

31 Basic Law: the President of the State, 1964, 18 L.S.I. 111.

32 Basic Law: The Judicature, 1984, 38 L.S.I. 101.

33 Basic Law: the State Comptroller, 1988, S.H. 30.

34 Basic Law: Israeli Land, 1960, 14 L.S.I. 48.

35 Basic Law: State Economy, 1975, 29 L.S.I. 273.

36 Basic Law: The Armed Forces, 1976, 30 L.S.I. 150.

37 Basic Law: Jerusalem, the Capital of Israel, 1980, 34 L.S.I. 209.

38 An exception could be found in article 4 of the Basic Law: the Knesset, which pronounce, among other things, the right to equality in voting to the Knesset. This article contain a so-called ‘entrenchment clause’ providing that its provisions shall not be amended except by a special majority vote in the Knesset. In 1969 the Supreme Court has recognized the validity of this entrenchment clause and invalidated legislation conflicting with the entrenchment provision since it was not been adopted by the requisite majority. See H.C.J. 98/69 Bergman v. Minister of Finance 23 P.D. 639, translated and abridged in (1969) 4 Is. L.R. 577 Google Scholar.

39 Barak-Erez, supra n. 22, at 315 (‘The constitutional project could not be completed without an agreement on the heart of every modern constitution: a definition of individual rights and the form of their protection’).

40 Printed in (1997) 31 Is. L.R. 21–25 Google Scholar.

41 Basic Law: Freedom of Occupation, 1992, S.H. 1454, 114. This Basic Law was replaced in 1994 by Basic Law: Freedom of Occupation, 1994, S.H. 1454, 90. The full text of this Law is also reprinted in (1997) 31 Is. L.R. 21–25 Google Scholar.

42 Basic Law: Human Dignity, article 8; Basic Law: Freedom of Occupation, article 4. This language was clearly inspired from comparative constitutional law and international law. See eg, Canadian Charter of Rights and Freedoms, Constitution Act, 1982, article 1; ICCPR, article 12, 18–19, 21–22; ECHR, article 10–11. It may be noted that Basic Law: Freedom of Occupation also contains in article 7 a “procedural entrenchment clause”, which requires absolute majority in the Knesset in order to amend the Basic Law. While it is not completely clear what Parliamentary majority is needed to amend other basic laws, the dominant view is that any majority will suffice. Hofnung, supra n. 22, at 594, 598.

43 Kretzmer, David, “Israel's Basic Laws on Human Rights” in Rabello, Alfredo, ed. Israeli Reports to the XV International Congress of Comparative Law (Jerusalem, Sacher Institute, 1999) 293, at 302 ff.Google Scholar Article 10 of the Basic Law: Freedom of Occupation did however provide that review of antecedent legislation would only be possible 10 years after its entry into force. This period had expired on 14 March 2002.

44 Dworkin, Ronald, “Rights as Trumps” in Waldron, Jeremy, ed. Theories of Rights (Oxford, OUP, 1984) 153–167 Google Scholar; Gavison, Ruth, “On the Relationships between Civil and Political Rights and Social and Economic Rights” in Coicaud, Jean-Marc, Doyle, Michael W. and Gardner, Anne-Marie, eds. The Globalization of Human Rights (New York, New York University Press, 2003) 23 Google Scholar.

45 In fact, the term ‘constitutional revolution’ had been coined by Professor Aharon Barak – then a Justice of the Israeli Supreme Court and now its President of the Supreme Court – in an article published in 1992. Barak, Aharon, “The Constitutional Revolution: Protecting Human Rights” (1992) 1 Mishpat U-Mimshal 9 Google Scholar [in Hebrew]. Barak has used the same term in the landmark Bank Hamizrachi case, in which the Court formally accepted the normative supremacy of Basic Laws over ordinary legislation. CA 6821/93 Bank Hatnizrachi, supra n. 28, at 352-355. For an English version of President Barak's opinion in this case see Aharon Barak, “C.A. 6821/93 Bank Hamizrachi Haraeuhad Ltd. v. Migdal” in Antonio Gambaro and Alfredo Rabello, eds. Towards a New European Ius Commune (Jerusalem, Sacher Institute, 1999) 381.

46 See Barak, Aharon, “The Constitutionalization of the Israeli Legal System as Result of the Basic Laws and its Effect on Procedural and Substantive Criminal Law” (1997) 31 Is. L.R. 3 CrossRefGoogle Scholar (“We became a constitutional democracy. We joined the democratic, enlightened nations in which human rights are awarded a constitutional force, above the regular statutes … We have the central chapter in any written constitution, the subject-matter of which is Human Rights; we have restrictions on the legislative power of the legislator; we have judicial review of statutes which unlawfully infringe upon constitutionally protected human rights; we have a written constitution, to which the Knesset in its capacity as legislator is subject and which cannot alter”).

47 See eg, C.A. 6821/93, supra n. 28, at 567 (Heshin, J. dissenting). For summary of President Barak's opinion and major opponent commentators views see Gavison, Ruth, “A Constitutional Revolution?” in Gambaro, Antonio and Rabello, Alfredo, eds. Towards a New European Ius Commune (Jerusalem, Sacher Institute, 1999) 517 Google Scholar.

48 There have also been several lower court decisions, which invalidated primary legislation. See e.g. Cr.C. (Tel Aviv) 4696/01 State of Israel v. Handelmann, judgment of 14 April 2003 (First Instance Court) (not yet published) (invalidating a broad law prohibiting tax consultancy services by non-registered consultants); C.C. (Tel-Aviv) 2252/91 Commercial Credit Services (Israel) Ltd. v. Givat Yoav – Workers Cooperative Village Ovdim 54(3) PM 243 (Court of Appeals invalidating private debt-relief legislation; the decision was reversed in Bank Hamizarachi).

49 H.C.J. 1715/97 Israeli Investment Managers Bureau v. Minister of Finance 51(5) P.D. 367.

50 H.C.J. 6055/95, Tsemach v. Minister of Defense 53(5) P.D. 241.

51 H.C.J. 1030/99 Oron v. Chairman of Knesset 56(3) P.D. 640.

52 See Jacobsohn, Gary Jeffrey, “After the Revolution” (2000) 34 Is. L.R. 139, 140 Google Scholar.

53 See Hirschl, Ran. “Israel's Constitutional Revolution: The Legal Interpretation of Entrenched Civil Liberties in an Emerging Neo-Liberal Economic Order” (1998) 46 Am. J. Comp. L. 427, 430 CrossRefGoogle Scholar.

54 For discussion of the eleven basic laws, see supra at part II A.

55 For discussion of this drafts, see infra at part III A.

56 In 1993, several months after the passing of the Basic Laws, the Supreme Court stroked down Ministry regulations limiting the importation of non-Kosher meat products into Israel, as they infringed freedom of occupation. H.C. J. 3872/93 Meatrael v. Prime Minister 47(5) P.D. 485. The activist approach taken by the Court towards the protection of human rights, at the expense of religious edicts, spurred a prominent member of the Shas religious party, MK Shlomo Benizri, to proclaim that his party would even object to the enactment of the Ten Commandments as basic law, since the interpretation that the secular courts might give to them will render them unacceptable to his constituency. Galili, Lilly, “Benizri: We Will Also Oppose the Ten Commandments as Basic Laws” Ha'aretz Online, 3 July 1997 Google Scholar [in Hebrew]. The intense criticism directed against the Meatrael judgment led to the amendment of the Basic Law: Freedom of Occupation and the introduction of an ‘overriding clause’ permitting derogation from the Basic Law by way of explicit legislation backed by an absolute majority of Knesset members (61 out of 120 members of Knesset).

57 Draft Basic Law: Social Rights, 1994, S.H. 2253, 326.

58 According to Israel's Central Bureau of Statistics, Israel's GDP fell in 2001 by 0.6%, exports fell by 11% and imports by 4.4%. [http://www.cbs.gov.il/israel_in_figures/indictle_mar02.htm]. Simultaneously, unemployment has soared to 10.7% (almost double than the average unemployment rate of the mid-1990s); Fisher, Yaacov, “Worse than it Looks” Jerusalem Post Online, 28 Nov. 1998 Google Scholar [http://pqasb.pqarchiver.com/jpost/abstract/471727041.html??]. According to an official National Insurance report, 21.1% of Israeli population now lives below poverty line. National Insurance Institute, Dimensions of Poverty and Inequality in Economic Income Allocation (Jerusalem, 2003)Google Scholar [http://www.btl.gov.il/pdf/oni2002.pdf] [in Hebrew].

59 Ben-Israel, Ruth, “Labour Law” Israel Yearbook of Law (1992–1993) 433 Google Scholar [in Hebrew]; Gross, Aeyal “The Israeli Constitution: A Tool for Distributive Justice, or A Tool Which Prevents It?” in Mautner, Menachem, ed. Distributive Justice in Israel (Tel Aviv, Ramot, 2000) 79–96 Google Scholar [in Hebrew]; Rabin, Yoram and Shany, Yuval, eds. Economic, Social and Cultural Rights in Israel (Tel-Aviv, Ramot, 2004)Google Scholar [in Hebrew].

60 Kretzmer, supra note 43, at 300–302.

61 Barak, Aharon, Interpretation in the Law, Volume III, Constitutional Interpretation (Jerusalem: Nevo, 1994) 411–433 Google Scholar. Barak's treatise on constitutional interpretation is part of a six volume treatise on interpretation also including volumes on interpretation theories, statutory interpretation, contract interpretation, testament interpretation and particular interpretive problems.

62 H.C. J. 453/94 Israel Women's Network v. Government of Israel 48(5) P.D. 501 (Opinion of Maza, J.). For an English version, see H.C.J. 453/94 Israel Women's Network v. Government of Israel (1992–94) Is. L.R. 425; H.C.J. 4541/94 Miller v. the Minister of Security 49(4) P.D. 94 (Opinion of Dorner, J.).

63 H.C.J. 2481/93 Dayan v. Vilk 48(2) P.D. 456. For an English version, see H.C.J. 2481/93, Dayan v. Vilk (1992–94) Is. L.R. 324.

64 H.C. J. 5016/96 Horev v. Minister of Transportation 51(4) P.D. 1; H.C. J. 4298/93 Jabbarinv. Minister of Education 48(5) P.D. 199; H.C.J. 3261/93 Menning v. Minister of Justice 47(3) P.D. 282; Barak, supra note 61, at 430.

65 C.A. 6024/97 Shavit v. Hevra Kadisha GHSA Rishon Le Zion 53(3) P.D. 600, 649; H.C.J. 6111/94 Committee of Tradition Protectors v. Israel Supreme Rabbinical Council 49(5) P.D. 95, 106.

66 C.A. 239/92 Egged–Israel Transportation Cooperative Union Ltd. v. Mashiah, 48(2) P.D. 66, 72; Shalev, Gabriela, The Law of Contract (Jerusalem, Din, 2nd ed, 1995) 25 Google Scholar [in Hebrew].

67 See H.C.J. 453/94, supra n. 62 (Opinion of Zamir, J.); Gavison, supra n. 47, at 519; Sommer, Hillel, “The Enumerated Rights: On the Scope of the Constitutional Revolution” (1997) 28 Mishpatim 257 Google Scholar [in Hebrew].

68 See H.C.J. 1715/97, supra n. 49; H.C.J. 6055/95, supra n. 50, H.C.J. 1030/99, supra n. 51.

69 See infra, at Part III B.

70 Supreme Court judgments constitute binding precedents under the Israeli legal system. See Basic Law: The Judicature, article 20 (“Precedent issued by the Supreme Court is binding upon all instances except upon the Supreme Court”).

71 See Cohen, supra n. 24, at 636–642; Goldstein, Stephen, “Protection of Human Rights by Judges: The Israeli Experience” (1994) 38 St. Louis U. L.J. 605, at 605 Google Scholar. (“In Israeli law, human rights have been protected almost exclusively by judge-made law. Indeed, almost uniquely in the world, Israeli courts have fashioned the law of human rights out of whole cloth”).

72 H.C.J. 7/48 Al-Karbutli u. Minister of Defense 2 P.D. 5.

73 H.C.J. 1/49 Bejerano v. Minister of Police 2 P.D. 80.

74 H.C.J. 73/53 Kol Ha'am v. Minister of Interior 7 P.D. 871. For an English version, see 1 Selected Judgments of the State of Israel (1953) 90

75 H.C.J. 262/62 Peretz v. Local Council of Kfar Shmaryahu 16 P.D. 2101. For an English version, see 4 Selected Judgments of the State of Israel (1962) 191.

76 Ibid., and see also H.C.J. 509/80 Younes u. Director General of the Office of the Prime Minister 35(3) P.D. 589.

77 H.C.J. 3/58 Berman v. Minister of the Interior 12 P.D. 1493. For an English version, see 3 Selected Judgments of the State of Israel (1958) 29.

78 Ziv, Neta, “Combining Professionalism, Nation Building and Public Service: The Professional Project of the Israeli Bar 1928–2002” (2003) 71 Fordham L. Rev. 1621, at 1639 Google Scholar.

79 See e.g. H.C.J. 292/83 Mount Temple Faithful Association v. Chief of the Jerusalem District Police 38(2) P.D. 449, 454; H.C.J. 680/88 Shnitzer v. Chief Military Censure 42(4) P.D. 617, 627.

80 The Israeli Declaration of independence states: “The State of Israel … will be based on freedom, justice and peace as envisaged by the prophets of Israel; it will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex; it will guarantee freedom of religion, conscience, language, education and culture; it will safeguard the Holly Places of all religions; and it will be faithful to the principles of the Charter of the United Nations”.

81 Barak-Erez, supra n. 22, at 315–316. A landmark precedent in this context is Kol Ha'am. H.C.J. 73/53, supra n. 74, at 884 (“The system of laws under which the political institutions … have been established and function are witness to the fact that this is indeed a State founded on democracy. Moreover, the matters set forth in the declaration of Independence – especially as regards basing the State ‘on the foundation of freedom’ and securing freedom of conscience – mean that Israel is a freedom – loving country. It is true that the Declaration ‘does not include any constitutional laying down in fact any rule regarding the maintaining or repeal of any ordinances or laws’ … but in so far as it ‘expresses the vision of the people and its faith, we are bound to pay attention to the matters set forth therein when we come to interpret and give meaning to the laws of the State”).

82 See e.g. C.A. 6871/99 Rinat v. Rom 56(4) P.D. 72, 92; V.CP. 4459/94 Salmonov v. Sharbani 49 P.D. 479, 482; C.A. 524/88 Pri Ha'Emek – Agricultural Cooperative Association Inc.u. Sde Ya'akov – Workers Cooperative Village 48(4) P.D. 529, 561; H.C.J. 693/91, Efrat v. Population Registry Supervisor, Ministry of the Interior 47(1) P.D. 749, 763; Goldstein, supra n. 71, at 610; Rabin, Yoram, The Right to Education (Jerusalem, Nevo, 2003) 339 Google Scholar [in Hebrew].

83 See eg, H.C.J. 5128/94, Federman v. Minister of Police 48(5) P.D. 647, 652; Goldstein, supra n. 71, at 610; Rabin, ibid., at 339.

84 In fact, an analogy could be drawn between the powers of the Israeli judiciary under the judicial bill of rights doctrine and the powers of the English judiciary under the Human Rights Act, 1998 to construe legislation and to review administrative acts. The main difference between the two systems of human rights protection is that Israeli judges are not competent to issue a declaration of incompatibility like their English counterparts. For a comparative analysis of Israeli and English systems of human rights protection, see Bendor, Ariel L. and Segal, Zeev, “Constitutionalism and Trust in Britain: An Ancient Constitutional Culture, ANew Judicial Review Model” (2002) 17 Am. U. Int'l L. Rev. 683 Google Scholar.

85 However Justice Barak (as he was then) has opined in obiter dicta that in extreme circumstances the Court could conceivably invalidate legislation which is inconsistent with fundamental principles of the legal system. H.C.J. 142/89 LAOR Movement v. Chairman of the Knesset 44(3) P.D. 529, 554.

86 Barak-Erez, Daphna, “The Israeli Welfare State: Growing Expectations and Diminishing Returns” in Benvenisti, Eyal and Nolte, Georg, eds. The Welfare State, Globalization, and International Law (Heidelberg, Springer, 2004) 103 CrossRefGoogle Scholar. See also Mundlak, Guy, “Human Rights and the Employment Relationship: A Look Through the Prism of Juridification” in Friedmann, Daniel and Barak-Erez, Daphna, eds. Human Rights in Private Law (Oxford, Hart, 2001)Google Scholar (discussing inter alia labor laws which introduce obligations to respect ESR in relations between individuals).

87 National Insurance Law, 1953, 714 S.H. 6. The current version of the law is National Insurance Law (Consolidated Version), 1995, 755 S.H. 210.

88 Compulsory Education Law, 1949, 709 S.H. 287.

89 See e.g. Work and Leisure Hours Law, 1951, 711 S.H. 204; Annual Leave Law, 1951, 711 S.H. 234; Women Labour Law 1954, 714 S.H. 154.

90 Cohen, Yehuda P., A Constitution for Israel: Proposal and Explanatory Remarks (Tel Aviv, State Council, 1949)Google Scholar [in Hebrew].

91 Ibid., article 21.

92 Ibid., article 22.

93 Ibid., article 22.

94 Ibid., article 22.

95 Ibid., article 23.

96 Ibid., article 24.

97 Ibid., article 25.

98 Ibid., article 4.

99 Ibid., at 27.

100 See also Mundlak, Guy, “Economic-Social Rights in the New Constitutional Discourse: From Social Rights to the Social Dimension of Human Rights” (1991) 7 Labour Law Yearbook 65, at 73 Google Scholar [in Hebrew].

101 Draft Basic Law: Bill of Fundamental Human Rights, 1963, 38 D.K. 801 [in Hebrew]. See also Klinghoffer, H, “The Bill of Human Rights: The Legislative Immobilization” in Zamir, Yitzchak, ed. Public Law – In Honorarium of Klinghoffer (Jerusalem, Sacher Institute, 1993) 137 Google Scholar [in Hebrew].

102 Draft Basic Law: Bill of Fundamental Human Rights, 1983, H.H. 1612, p. 111.

103 Mundlak, supra n. 100, at 73; Ben-Israel, Ruth, “Work-Related Socio-Economic Rights in Israel: Myth or Reality? – From Aspirations to Rights” (paper presented in a Tel-Aviv University Conference, May 1998)Google Scholar (copy with authors). Interestingly enough, Knesset members were rather indifferent to the initial omission of ESR from the draft.

104 Draft Basic Law: Social Rights, 1994, article 2, H.H. No. 2253, p. 326. See also Draft Basic Law: Social Rights, 1994, article 2, H.H. No. 2256, p. 337.

105 Draft Basic Law: Social Rights, article 3, in Ministry of Justice, Basic Laws Memorandum, 25 Jan. 1998 (copy with authors).

106 See e.g. Draft Basic Law: Social Rights (P1634) (submitted 1 Dec. 2003); Draft Basic Law: Social Rights (P2581) (submitted 5 March 2001).

107 Barak, Aharon, “Human Dignity as a Constitutional Right” (1994) 41 Hapraklit 271, at 282–283 Google Scholar [in Hebrew]; (“It is true that the proposed bills pending adoption in the Knesset contain a long list of rights, including equality, freedom of speech and movement and other freedoms. This does not indicate that human dignity does not encompass these rights. Once these rights are legislated, they will stand on their own feet as particular rights. Until they have been legislated, they are protected under the principle of human dignity. The process of fragmentation by virtue of legislative convenience cannot dictate constitutional theory. The process of ‘atomization’ of human rights legislation – namely, the breaking up of the civil rights constitution into a number of basic laws – does not show a subjective belief on the part of the drafter of the constitution to limit the principle of human dignity. Even if they so believed, we, the law's interpreters, should not attribute to it decisive weight. The contents of legal concepts ought to be determined in accordance with society's conceptions at the time of the interpretation, and not in the light of the various mindsets of the members of the constitutive body at the time the text was drafted”)(unofficial translation Y.R. and Y.S.). See also Barak, Aharon, “Protected Human Rights: Scope and Limitations” 1 Mishpat U-Mimshal (1993) 253, 259–260 Google Scholar [in Hebrew]. One can but wonder whether Barak's rhetoric regarding the temporal dynamics of statutory interpretation is convincing given the fact that the text was written only two years after the adoption of the 1992 basic laws. It is questionable whether dramatic changes in social conditions can be identified during such a short period of time.

108 Barak, supra n. 61, at 417. Cf. Dworkin, Ronald, Taking Rights Seriously (London: Duckworth, 1977) 129 Google Scholar.

109 See supra n. 62.

110 See supra n. 63.

111 H.C.J. 5100/94 The Public Committee Against Torture in Israel v. The Government of Israel 53(4) P.D. 817.

112 H.C.J. 5016/96 Horev v. Minister of Transportation 51(4) P.D. 1.

113 P.P.A. 4463/94 Golan v. Prison Service 50(4) P.D. 136.

114 See supra n. 64–65.

115 P.CrA. 5086/97 Ben Hur v. City of Tel Aviv-Jaffa 51(4) P.D. 625, 645; H.C.J. 2481/93, supra n. 63, at 468.

116 C.A. 733/95 Arpal Aluminium Ltd. v. Klil Industry Ltd. 51(3) P.D. 577.

117 H.C.J. 726/94 Klal Insurance Co. Ltd. v. Minister of Finance 48(5) P.D. 441, 467.

118 See e.g. Cr.A. 1362/99, Refaeli v. State of Israel, 59(2) P.D. 711 (right to human dignity includes right to attorney in criminal affairs); A.H.H. J. 1913/97, Muassi v. Minister of the Interior, 52(2) P.D. 49, 78–79 (human dignity incorporates democratic principles); Cr.A. 111/99, Schwartz v. State of Israel, 54(2) P.D. 241 (right to human dignity may include the right to appeal final judgments).

119 The position that the right of equality is protected by Basic Law is however controversial. See supra n. 67.

120 See H.C.J. 161/94 Atari v. State of Israel (not published); H.C.J. 5368/01, Yehuda v. Tshuva (not yet published). See also the decision of the National Labour Court in – D.B.A. 04–265/96 Hasid v. National Insurance Institute (not published).

121 H.C.J. 4905/98, Gamzu v. Yeshayau 55(3) P.D. 360 (2001).

122 It is notable however that the final outcome in Gamzu – the grant of exemption to an alimony payment defaulter from repaying his financial obligations to his divorcee and daughter – is problematic from an ESR perspective.

123 Ibid., at 375–376.

124 Barak, supra n. 61, at 364.

125 It should also be noted that article 10 of Basic Law: Human Dignity and Liberty limits the Courts' competence to invalidate pre-existing Knesset legislation. Thus, the status of rights protected under the Basic Law is significantly different from the status of rights exclusively protected by the Israeli judicial bill of rights only with respect to their effect vis-à-vis new legislation.

126 H.C.J. 1554/95 Friends of GILAT Association v. Minister of Education, Culture and Sport 50(3) P.D. 2.

127 GILAT is the Hebrew acronym for ‘Unique Approach To Normal Development’.

128 At its height the GILAT program encompassed some 50 children in a limited number of municipalities around Israel. The Ministry undertook to directly sponsor a State-wide program which would replace the support of GILAT. It seems, however, that a personal fall-out between the Chair of Friends of GILAT and several Ministry of Education officials spurred the later to reassess its involvement in GILAT. GILAT, ibid., at 31.

129 Ibid., at 23.

130 Ibid., at 24–25. Justice Or cites in this respect President Barak's three model theory, and a number of comparative authorities, including the U.S. Supreme Court (Rodriguez v. San Antonio Independent School District, 411 U.S. 1 (1973) and American Scholars ( Horowitz, R.M. and Davidson, H.A., eds. Legal Rights of Children (Colorado Springs, Shepard's/McGraw-Hill, 1984))Google Scholar. The use made by Or of the Rodriguez case has been criticized by one of the present authors elsewhere; Rabin, supra n. 82, at 380–384. In any event, the use of US law, one of the staunchest opponents of ESR (see e.g. Alston, Philip, “U.S. Ratification of the Covenant on Economic, Social and Cultural Rights: The Need for an Entirely New Strategy” 84 AJIL (1990) 365)CrossRefGoogle Scholar, as a model for evaluating ESR constitutionalisation claims is vexing.

131 GILAT, supra n. 126, at 25–26.

132 Ibid., at 26–28.

133 Ibid., at 27–28.

134 Ibid., at 34 (Opinions of Dorner, J. and Tal, J.). It is notable that President Barak rejected a petition to rehear the GILAT case on the basis that Justice Or's discussion of the right to education was obiter dicta. A.H. 5456/98 Yitzhak v. Minister of Education (not published).

135 It is interesting to note that in other cases, the Supreme Court embraced a more hospitable attitude towards utilization of the Declaration of Independence and international law as legal sources. See e.g. H.C. J. 726/94, supra n. 117; Cr.FH. 7048/97 Anonymous u. Minister of Defense 54(1) P.D. 721.

136 See e.g. Programme to Heal Israel's Economy Law (Legislative Amendments Needed to Attain Budgetary Goals and Economic Policy for Fiscal Years 2003–2004) 2003; National Economy Arrangements (Legislative Amendments Needed to Attain Budgetary Goals and Economic Policy for Fiscal Years 2003) 2002. Both laws reduce child allowance, unemployment and old age benefits, income assurance and cut down government health expenses.

137 For a comparable result, see San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973) (the non-constitutional status of the right to education bars the application of a strict scrutiny test in an unequal treatment case pertaining to the funding of school districts by the Texas State legislator).

138 H.C.J. 4128/02 Adam, leva Va-Din v. Prime Minister of Israel (not yet published).

139 It is perhaps instructive that President Barak addresses the right to life and the right to body integrity under article 2 of Basic Law: Human Dignity and Liberty, which introduces negative obligations upon the State, and not under article 4 of the Basic Law, which introduces positive obligations.

140 Ibid., at paragraph 23 (per Barak P.)

141 Cf. Shany, Yuval, “The Right to a Satisfactory Environment as a Human Right under International Law” 6 Hamishpat (2001) 291 Google Scholar [in Hebrew].

142 See Aeyal Gross, “Health in Israel: Between a Right and a Commodity” in Rabin and Shany supra n. 59. But see RCA. 6810/97 Ben Shushan v. Ben Shushan 41(5) P.D. 375 (the right to legal aid can be inferred from the constitutional right to human dignity).

143 Gross, supra n. 59.

144 H.C.J. 10608/02 Hazima v. Customs and VAT Dept., judgment of 9 March 2004, at paragraph 8. Some writers have expressed the view that general tax legislation does not represent a violation of the constitutional right to property. Weismann, Yehusah, “Constitutional Protection of Property” (1995) 42 Hapraklit 258, at 273 Google Scholar [in Hebrew].

145 Basic Law: Human Dignity and Liberty, article 8; Basic Law: Freedom of Occupation, article 4. See also H.C. J. 726/94, supra n. 117, at 469 (once a protected right had been infringed, the burden to persuade the Court that the infringement is justifiable rests with the infringing party).

146 C.A. 6821/93, supra n. 28, at 348, 578–579.

147 See e.g. H.C.J. 450/97 Tnuffa Manpower and Maintenance Services Ltd. v. Minister of Labour and Social Affairs 52(2) P.D. 433, 442–446 (the requirement that manpower companies deposit securities to guarantee compliance with labour laws as a licensing prerequisite is constitutional despite its interference with freedom of occupation); C.A. (Haifa) 4726/97 Minister of Health v. SNS – Drug Victims Rehabilitation Ltd. (not published) (closing of a drug rehabilitation centre is justified despite the constitutional freedom of occupation of the association responsible for the operation of centre, because of the overriding need to protect the rights of patients in the centre).

148 For example the national health expenditure per capita rose in by 19% between 1991 to 1996 (in real money value) [http://www.cbs.gov.il/data/H1031229075013.csv] [in Hebrew].

149 See Ben-Israel, supra n. 59, at 439–441; Marmour, Andy, “Judicial Review in Israel” 4 Mishpat U-Mimshal (1997–1998) 133 Google Scholar [in Hebrew]; Zaltzberger, Elay and Kedar, Alexander, “The Silent Revolution – More on Judicial Review under the New Basic Laws” (1997–1998) 4 Mishpat U-Mimshal 489, 504 Google Scholar [in Hebrew].

150 See Gross, supra n 59; Hirschl, supra n. 53.

151 See e.g. Mandell, Michael, “Democracy and the New Constitutionalism in Israel” (1999) 33 Is. L.R. 259, 306, 315–320 Google Scholar (the Supreme Court's constitutional jurisprudences is designed to legitimate social inequalities). Indeed, the focus of the CESCR Committee concluding observations on the implementation of the ICESCR in Israel have addressed to a large extent the plight of Palestinians inside Israel and the Occupied Territories. Committee on Economic, Social and Cultural Rights, Consideration of Reports Submitted by States Parties Under Article 16 and 17 of the Covenant, Israel, UN Doc E/C.12/1/Add.27 (1998) para. 9; Committee on Economic, Social and Cultural Rights, Consideration of Reports Submitted by States Parties Under Article 16 and 17 of the Covenant, Israel, UN Doc E/C.12/l/Add.90 (2003) para. 13.

152 See e.g. H.C.J. 890/99 Halamish v. National Insurance Institute 54(4) P.D. 423 (Court construes broadly the scope of coverage of the National Insurance Law); H.C.J. 1911/03 Association for Civil Rights in Israel v. Minister of Finance (not yet publish) (Court noting with satisfaction the position of the government that the coverage of social security legislation should be broadly construed).

153 See eg, H.C.J. 5100/94, supra n. Ill; H.C.J. 6698/95 Ka'adan v. Israel Land Administration, 54(1) P.D. 258; A.Cr.H. 8613/96 Jabbarin v. State of Israel 54(5) P.D. 193; E.A. 11280/02 Central Election Committee -16^th Knesset v. Tibi (not yet published).

154 Mandel, supra n. 151, at 302–308. See e.g. H.C.J. 240/98 Adala u. Minister for Religious Affairs 52(5) P.D. 167 (Courts are ill-equipped to review a claim of discrimination against Arabs in the allocation of State religious services funds, as the courts cannot assess the implications of altering the existing State budget).

155 See e.g. Scheinin, supra n. 11, at 29–30.

156 On 13 January 2004 the Knesset adopted by a majority vote a non-binding statement voicing concern with respect to “recourse by the Supreme Court to issues which are obviously within the scope of authorities of the executive and legislative branches; the Knesset warns, on the basis of respect to the judiciary, in general, and to the Supreme Court, in particular, against the continuation of this trend, which might develop into an Israeli constitutional crisis” (unofficial translation). 16^th Knesset, 93^rd mtg, 13 Jan. 2004 [http://ww.knesset.gov.i1/Tql//mark01/h0001687.html#TQL] [in Hebrew].

157 See e.g. Gavison, supra n. 44; Rabin, Yoram and Shany, Yuval, “Social Rights – An Idea Whose Time Has Come” in Rabin, Yoram and Shany, Yuval, eds. Economic, Social and Cultural Rights in Israel (Tel Aviv, Ramot, 2004)Google Scholar [in Hebrew]; Scheinin, supra n. 11, at 32–42; Eide, supra n. 18, at 10–12.

158 See RCA. 6810/97, supra n. 142.

159 See H.C.J. 453/94, supra n. 62.

160 Barak, supra n. 61, at 417.

161 Ibid.

162 Ibid.

163 ICESCR, supra note 1. Other rights not mentioned in the ESR include inter alia the right to a healthy environment, the right to legal aid and the rights of the disabled.

164 Committee on Economic, Social and Cultural Rights, General Comment 3: the nature of States parties obligations (Article 2, para.l of the Covenant) (1990), UN Doc E/1991/23 (1991) para. 3; Committee on Economic, Social and Cultural Rights, General Comment 9: the domestic application of the Covenant, UN Doc E/C.12/1998/24 (1998) para 8.

165 ESCR Committee (1998), supra note 164, at para. 9; ESCR Committee (2003), supra note 153, at para. 13.

166 CA 336/61 Eichmann v. The Legal Adviser of the Government 15(3) P.D. 2033; H.C.J. 279/51 Amsterdam v. The Minister of Treasure 6 P.D. 945.

167 See Shany, Yuval, “My Home is not My Castle: Domestic Violence as a Form of Torture Prohibited by International Law” 7 Hamishpat (2002) 151, 188–190 Google Scholar [in Hebrew]. Cf. Reference Re Public Service Employee Relations Act, [1987] 1 SCR 313, 348 Google Scholar (Opinion of Dickson, J).

168 See e.g. Sfard, Michael, “International Litigation in the Local Court: Between Legal Dilution to Legal Isolantionalism -Assessment of the Situation” 15 Hamishpat (2003) 73 Google Scholar [in Hebrew].

169 There is still considerable legal controversy whether the right to equality is covered by Basic Law: Human Dignity and Liberty. See e.g. H.C.J. 7111/95 Municipal Government Centre v. Knesset 50(3), P.D. 485, 494.

170 General Comment 3, supra n. 164, at para. 10.

171 See supra Part III.

172 See e.g. D.B.A. 04–265/96, supra n. 120; L.A. 1091/00 Sheetrit u. United Sick Fund (not yet published).

173 H.C.J. 164/97 Contram. Ltd. v. Ministry ofFinance – Custom and VAT Department 52(1) P.D. 289, 340. The case dealt with revocation of license to operate a warehouse in response to non-disclosure on the part of the applicant of relevant legal and factual data. It raised the nature of the obligations that the State and the individual owe each other.

174 H.C.J. 4905/98, supra n. 121.

175 H.C.J. 4128/02, supra n. 138.

176 H.C.J. 1113/99 Adalah – The Legal Centre for Arab Minority Rights in Israel v. Minister for Religious Affairs 54(2) P.D. 164; H.C.J. 2814/97 Supreme Follow-up Committee for Arab Educational Interests in Israel v. Ministry of Education, Culture and Sport 54(3) P.D. 233; H.C.J. 4671/98 Abu-Freih v. Negev Bedouins Education Authority (not published); H.C.J. 727/00 Committee of the Heads of Arab Municipal Authorities in Israel v. Minister of Housing and Construction 56(2) P.D. 79.

177 H.C.J. 3939/99 New Discourse Association for Democratic Discourse v. Israel Land Administration 56(6) P.D. 25.

178 See e.g., H.C.J. 4363/00 Upper Poriyah Council v. Minister of Education 56(4) P.D. 203; A.H.H.J. 4191/97 Recanat v. National Labor Court 54(5) P.D. 330. For review of labor court decisions, which have adopted a pro-ESR reading of health legislation, see Gross, supra n. 142.

179 H.C.J. 890/99, supra n. 152.

180 Ibid, at 429–430. However, on 19 January 2005, the Supreme Court held that the government's position that the expansion of old-age benefits to Israelis living abroad will have to await better economic tines is not unreasonable. A.H. 7873/04 Eizen v. National Insurance Institute (not yet published).

181 H.C.J. 2599/00 YATED-Association for Parents of Down Syndrome Children v. Minister of Education 56(5) P.D. (2002) 843.

182 Ibid., at 843.

183 Ironically enough, Justice Dorner cites Justice Or's rhetoric in GILAT case. Ibid, at 843–844.

184 Ibid., at 845.

185 Ibid., at 846.

186 C.J. 6973/03 Marciano v. Minister of Finance, 58(2) P.D. 270.

187 F.H.H.C.J. 247/04 Minister of Finance v. Marciano, judgment of 10 May 2004 (not yet published).

188 H.C.J. 890/99, supra n. 152.

189 C.A. 7048/97 X v. Minister of Defense 54(1) P.D. 721 (2000); H.C.J. 5100/94, supra n. 111.

190 H.C.J. 2599/00, supra n. 181, at 843.

191 See e.g., A.D.A. 10/94 Anonymous v. Minister of Defense 53(1) P.D. 97; A.H.H. J. 4466/94 Nusseibba v. Minister of Finance 49(4) P.D. 68.

192 H.C.J. 366/03 Association for Commitment to Peace and Social Justice v. Minister of Finance (case pending).