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Global Law Working Paper Series GLWP 02/04

Author

Yigal Mersel, Senior Legal Assistant to President Aharon Barak, Supreme Court of Israel

Title

"How Patriotic Can the Opposition Be? The Constitutional Role of the Minority Party in Times of Peace and During National Crises"

Abstract

This paper seeks to address the constitutional status of the minority party - the opposition - within the parliament and its interaction with the majority. It does so from both a political science and law perspective, and focuses on the different types of oppositions in various regimes and their interactions with the majority. It quests to the limits and scope of oppositional behavior within parliaments. The paper focuses especially on the role of the opposition during times of national crises and analyses the constitutional problem of opposition loyalty to the majority in these times while suggesting a model that limits the opposition loyalty, especially in times of national crises.

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Contact the Author

ym445@nyu.edu

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