Has Anti-Money Laundering Legislation Nullified Banking Secrecy? A balance and proportionality examination under Israel law in conjunction with Europe.

  1. Fishman, Sharon
  2. School of Law |
  3. Department of Law
  4. English
  5. 300 p.
  6. Emilianides, Achilles
  7. Mitas, Stergios | Demitriades, George
  8. Anti-Money Laundering | Banking Secrecy | Financial Secrecy | Proportionality
    • This dissertation examines whether anti-money laundering (AML) legislation has effectively nullified banking secrecy, through a balance and proportionality analysis under Israeli law in conjunction with the European framework, over the last two decades. Applying the proportionality theories of Barak and Alexy, it assesses the constitutional tension between the public interest in combating financial crime and the individual's right to financial privacy. The study advances the original concepts of "derivative constitutionalism" and "cumulative disproportionality" to capture the aggregate erosion of financial secrecy across successive regulatory layers.
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