The Judicialization of Politics in Israel

Abstract

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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