Chapter

THE SUPREME COURT AND THE FUTURE OF LIBERALISM

Menachem Mautner

in Law and the Culture of Israel

Published in print January 2011 | ISBN: 9780199600564
Published online September 2011 | e-ISBN: 9780191729188 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600564.003.0007
THE SUPREME COURT AND THE FUTURE OF LIBERALISM

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This chapter discusses the implications of the conspicuous and activist involvement of Israel's Supreme Court in Israel's cultural struggle. It shows that the Court has lost much of its legitimacy among members of the Jewish religious group. It also shows that in recent years the Court has lost legitimacy among members of the social group that for a generation gave it their uncompromising support — ‘the liberal former hegemons’. This last development has to do with the Court's involvement in appointments of justices to its ranks. The upshot of this analysis is that the Court is currently in the midst of the worst crisis it has faced since the establishment of the State of Israel. As the Court has played an indispensable and vital role in entrenching and in cultivating liberal-democratic values in Israel's political culture, it is a moment of crisis not only for the Court, but for Israel's liberal-democratic project in its entirety.

Keywords: Supreme Court of Israel; organizations; appointment of judges; judicial activism; standing; justiciability; reasonableness; judicial review; constitutional law; constitutions

Chapter.  10629 words. 

Subjects: Jurisprudence and Philosophy of Law

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