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

Author Fishman, Sharon
SchoolSchool of Law |
Department Department of Law
Work language English
Physical Description 300 p.
Supervisor Emilianides, Achilles
Committee members Mitas, Stergios | Demitriades, George
Keywords Anti-Money Laundering | Banking Secrecy | Financial Secrecy | Proportionality
Abstract
- 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.

Has Anti-Money Laundering Legislation Nullified Banking Secrecy? A balance and proportionality examination under Israel law in conjunction with Europe. - Identifier: 6704

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