The Judicial Elite of Israel

Edelman, Martin

doi:10.1177/019251219201300302

International Political Science Review

1992

DOI: 10.1177/019251219201300302

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The Judicial Elite of Israel

Martin Edelman¹

Abstract: This study utilizes the recruitment of Israeli Supreme Court justices to explore that country's legal culture. The data indicate that professional legal criteria are the primary variable for the selection of Israeli judges, and that the political/legal culture supports a civil court system which operates independently of partisan politics. Thus, Israeli legal culture can be encompassed within a Weberian framework: it values adherence to settled rules. Paradoxically, precisely because the Supreme Court is seen … Show more

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Cited by 6 publications

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“…To maintain the civil judiciary's independence from the partisan political arena, the judges, particularly the Supreme Court justices, are selected on the basis of professional criteria rather than on economic, social, or political characteristics. And the separation between the civil courts and partisan politics is systematically reinforced by an array of operating practices and norms (Edelman, 1992a).…”

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The Judicialization of Politics in Israel

Edelman¹

1994

International Political Science Review

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The judicialization of politics has probably proceeded further in Israel than in any other democratic country. In the strong sense of the definition propounded by Torbjörn Vallinder (1992: 1), the civil judiciary in Israel, particularly the Supreme Court justices sitting as members of the High Court of Justice, are exercising power at the expense of politi cians and administrators. The justices now claim the authority even to review the internal workings of the theoretically sovereign Knesset (parlia ment). This situation represents a marked change from the norms of 46 years ago when the state came into existence. Then, power and authority were concentrated in the elected agencies, the Knesset and, particularly, the Government. Rampant partisanship, arbitrary and self-interested policies, and, worst of all, an inability to deal with crucial problems beset ting Israeli society, corroded that authority and, ultimately, the power of the elected leadership. The default of Israel's democratically elected leadership has led to the judicialization of politics.

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The Judicialization of Politics in Israel

Edelman¹

1994

International Political Science Review

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The Politics and Strategies of Defending Human Rights: The Israeli Case

Meydani¹,

Mizrahi²

2006

Isr. law rev.

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This paper examines the politics of defending human rights, based on Public Choice Theory. Human rights organizations in Israel turn to the court to defend human rights. We argue that this strategy may prove ineffective in terms of defending human rights for the long run for various reasons. First, the politics of defending human rights is very complex where the power circle beside the court and human rights organizations includes also the relations between politicians, bureaucrats and the public. Second, the political culture that has been established in Israeli society since the 1980s is such that relations between citizens and politicians are based on a bottom-up orientation. Thus, norms and social changes can be hardly imposed from top down, but mainly evolve from bottom up. Directing all human rights strategies toward an elitist institution such as the Supreme Court may bear results in the short run but in the long run attitude change as well as policy decisions towards defending human rights are likely to emerge due to demands from society. Third, by empowering the court, human rights organizations disconnect these issues from the vast majority of Israeli citizens discouraging belief change. The paper concludes that defending human rights must include also attempts of mass mobilization which will create the grounds for human rights organizations to turn to the legislative authorities.

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Where are the women? Legal traditions and descriptive representation on the European Court of Justice

Gill

Jensen

2018

Politics, Groups, and Identities

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The Judicial Elite of Israel

Cited by 6 publications

References 11 publications

The Judicialization of Politics in Israel

The Judicialization of Politics in Israel

The Politics and Strategies of Defending Human Rights: The Israeli Case

Where are the women? Legal traditions and descriptive representation on the European Court of Justice

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