Litigation as Political Participation

Abstract

Courts were commonly regarded as a neutral arena to settle disputes between rivals who cannot solve their differences through other means of dispute resolution. In recent years however, greater attention is drawn to the role played by courts within the political process itself. This article sets out to examine the role of public litigation in the Israeli High Court of Justice as a vehicle of political participation. We will argue that the Court has become an avenue for: a) participation in decision-making processes, b) communication with official authorities, and c) protestation against these very same authorities.

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