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The Purse and the SwordThe Trials of Israel's Legal Revolution$
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Daniel Friedmann

Print publication date: 2016

Print ISBN-13: 9780190278502

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780190278502.001.0001

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Trespassing on the Executive

Trespassing on the Executive

Chapter:
(p.141) 17 Trespassing on the Executive
Source:
The Purse and the Sword
Author(s):

Daniel Friedmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190278502.003.0017

This chapter discusses how the tripartite rules adopted by the court had the effect of making every decision by the executive branch provisional in nature, as it was subject to review by the court. Every person could petition the court even if he had no standing and no personal interest in the outcome. Any, or nearly any, subject was considered justiciable, and “unreasonableness” became grounds for court intervention. The chapter emphasizes the differences between the Meir Shamgar court, which continued to display a measure of self-restraint when it came to court intervention, especially on security matters, and the Aharon Barak court, which shed all such restraints. First, this chapter highlights court intervention in decisions made by the attorney general with regard to indictments, which began with the Shamgar court. Then it examines the court’s intervention in appointments in the public sector and the court’s insertion of itself into policy-making, under the leadership of Chief Justice Aharon Barak.

Keywords:   court intervention, Israeli executive branch, Meir Shamgar, Aharon Barak, Shamgar court, Barak court, judicial review, justiciability, standing, reasonableness

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