Living Without a Constitution: Civil Rights in Israel by Daphna Sharfman

Author:Daphna Sharfman [Sharfman, Daphna]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9781315485553
Google: FcQYDQAAQBAJ
Goodreads: 32207131
Publisher: Routledge
Published: 1993-01-01T00:00:00+00:00

4 The High Court of Justice: Defender of Civil Rights

The fact that the High Court of Justice is a defender of civil rights is a cornerstone of Israel's political culture. Both its commenders and detractors point out that the Court has consistently interpreted the law so as to expand and buttress civil rights vis-à-vis the government.

The status of the High Court has increased against the backdrop of continuing decline in the status of the political system and its incumbents. Petitions on political issues and conflicts within the political system itself have multiplied. As a result, there are those who attribute to the Court powers that go beyond those actually invested in it.

The next four chapters will examine the record of the High Court of Justice as a defender of civil rights, and its limitations. The present chapter will deal with the judgments of the Court in sensitive security matters, while the chapters that follow will deal with particular civil rights issues. Specific judgments will be examined, as well as the relations between the government and the High Court of Justice.

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