Book contents
- Frontmatter
- Contents
- Figures and Tables
- Acknowledgments
- 1 Introduction
- 2 The Intervention of the Israeli High Court of Justice in Government Decisions: An Empirical, Quantitative Study with Paradoxical Results
- 3 Law and Politics: Theoretical Aspects
- 4 The Supreme Court as a Political Entrepreneur in the Process of Institutional Change – an Analysis Based on Shared Mental Models and Political Entrepreneurship
- 5 Israeli Public Law
- 6 Israel in Light of Structural and Cultural Variables
- 7 The Supreme Court and the Political System in Light of Social and Political Processes in Israel during 1948–1999
- 8 The Struggle for a New Conservative Constitutional Court (2000): Redefining the Guarantor of Human Rights in Israel – the Role of the Israeli Supreme Court
- 9 The Rule of “Who Governs?” as Electoral Capital (1999–2007): The Supreme Court as an Agenda Setter in Israel
- 10 The Supreme Court of Israel as an Agenda Setter: Three Cases
- 11 On Law, Society, and Policy Design – toward a Reform in the Relationship between the High Court of Justice and the Knesset
- 12 Conclusion and Normative Implications
- Bibliography
- Index
11 - On Law, Society, and Policy Design – toward a Reform in the Relationship between the High Court of Justice and the Knesset
Published online by Cambridge University Press: 05 July 2011
Book contents
- Frontmatter
- Contents
- Figures and Tables
- Acknowledgments
- 1 Introduction
- 2 The Intervention of the Israeli High Court of Justice in Government Decisions: An Empirical, Quantitative Study with Paradoxical Results
- 3 Law and Politics: Theoretical Aspects
- 4 The Supreme Court as a Political Entrepreneur in the Process of Institutional Change – an Analysis Based on Shared Mental Models and Political Entrepreneurship
- 5 Israeli Public Law
- 6 Israel in Light of Structural and Cultural Variables
- 7 The Supreme Court and the Political System in Light of Social and Political Processes in Israel during 1948–1999
- 8 The Struggle for a New Conservative Constitutional Court (2000): Redefining the Guarantor of Human Rights in Israel – the Role of the Israeli Supreme Court
- 9 The Rule of “Who Governs?” as Electoral Capital (1999–2007): The Supreme Court as an Agenda Setter in Israel
- 10 The Supreme Court of Israel as an Agenda Setter: Three Cases
- 11 On Law, Society, and Policy Design – toward a Reform in the Relationship between the High Court of Justice and the Knesset
- 12 Conclusion and Normative Implications
- Bibliography
- Index
Summary
Introduction
The debate that took place between the former Justice Minister Daniel Friedman (Kadima) and the High Court of Justice (HCJ) Judge Dorit Beinish about the status of the HCJ and its involvement in public life reflects the problems in the relationship between the Knesset and the Court. In a review presented on April 11, 2008 in a social responsibility gathering at the University of Haifa, the scholars Arie Retner and Meir Yaish pointed out the decline in the number of citizens who trust the legal system. The percentage of Jewish respondents who said they trust the HCJ dropped from 56 percent in 2007 to 48 percent in 2008. In 2000, the percentage of Jewish citizens who trusted the Court was 80 percent. The decline in public trust is indicative not only of the Court's status, but also of a weakening of the stability that had characterized the relationship between the public and the Court. It appears that the institutional arrangement that characterized the relationship between the Knesset and the Court prior to 2000, an arrangement that produced a number of social changes, no longer meets the needs of Israeli society. Various groups have sought to change this institutional arrangement with an eye to reducing the Court's influence in the public realm.
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- The Israeli Supreme Court and the Human Rights RevolutionCourts as Agenda Setters, pp. 147 - 161Publisher: Cambridge University PressPrint publication year: 2011
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