State, society and the in-between court, the Israeli experience

grantor: University of TorontoThe interrelations between Israeli State, Society and the Court throughout 50 years are analyzed. It is suggested that the Court has been assigned, and taken on, three complementary roles: it has become an effective communication channel between an untrustworthy, over-bureaucratic and inefficient administration and a highly political people; an arena for public participation in the decision-making processes; and an avenue through which Israelis can protest against decisions taken by their governmental institutions. These roles have turned the Court into a public arena where open critical discourse is exchanged between the people and the government. It is further suggested that the relatively high esteem Israelis feel for the Court derive from its ability to advance two of Israelis' deepest and contradictory aspirations: by supporting the rule of law or overruling arbitrary decisions, while remaining reluctant to interfere with security considerations, the Court enable Israel to remain the only democracy in the Middle East.L.L.M