The Purse and the Sword

The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.

Autorentext

Daniel Friedmann was a Minister of Justice in Israel from 2007-2009. Has been Dean of the Faculty of Law, Tel-Aviv University, was a visiting professor at Harvard Law School, the University of Pennsylvania Law School, Fordham law School, and Queen Mary College, University of London. He is a member of the Israel Academy of Sciences and Humanities, and he is the recipient of the prestigious Israel Prize in law. Translated by Haim Watzman

Zusammenfassung
The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.

Inhalt

Timeline Chart Introduction Part I: The Classical Court 1. A State is Born 2. To Judge But Not to Rule 3. The Attorney General and his Powers 4. The Legal System Topples Rabin 5. Menachem Begin: Temporary Justice Minister Part II: The Legal Revolution 6. The Legal Revolution Takes Off 7. Undermining the Political System 8. Jewish Racists Meet Palestinian Nationalists in the Knesset 9. The Supreme Court and Military Service for Yeshiva Students: Justiciability and Public Suits 10. The Secret Services Affair 11. Torture 12. The Second Rabin Government and the Oslo Agreements 13. The Deri Trial 14. The Bar-On-Hebron Affair 15. Ehud Barak's Commission of Inquiry 16. Protecting Human Rights 17. Trespassing on the Executive 18. Political Agreements and Prizes 19. Interference in Knesset Procedures 20. The Supreme Court and the Fight against Terror 21. The Court as Legislator and the Wonders of Interpretation 22. The Supreme Court Writes a Constitution 23. Appointments to the Supreme Court 24. The Role of Criminal Law 25. Guilty until Proven Innocent 26. The Attorney General Reigns Supreme PART III: Partial Restraint 27. The Olmert Government and the Second Lebanon War 28. The Olmert Investigations 29. War in the Shadow of Criminal Investigations 30. The Ramon Trial 31. The Decline in the Supreme Court's Standing 32. Changes and Reform Proposals 33. Changes in the Appointments to the Supreme Court 34. Snail-Paced Justice 35. The Media Battle 36. The Court Today: Moderate Rulings, Radical Principles Index