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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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The Court as Legislator and the Wonders of Interpretation

The Court as Legislator and the Wonders of Interpretation

Chapter:
(p.183) 21 The Court as Legislator and the Wonders of Interpretation
Source:
The Purse and the Sword
Author(s):

Daniel Friedmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190278502.003.0021

This chapter illustrates how the Supreme Court used value-based or results-based interpretive methods to turn itself into a central player in the legislative field during the legal revolution. In a democracy, the task of legislating is assigned to an assembly of representatives. The judge’s job is to apply the law to the specific case that is brought before her. If the law is unclear, the judge must interpret it or choose one interpretation among many—in and of itself a quasi-legislative act. This chapter outlines the rules of judicial restraint, which are meant to ensure that the judge will not encroach on the legislature’s preserve more than is absolutely necessary. The revolutionary court, which was characterized by long legal rulings that go off on multiple tangents, was able to cast aside these restraints and further undermine the separation of powers.

Keywords:   Israeli Supreme Court, interpretive methods, judicial restraint, separation of powers, legal revolution, revolutionary court, Israeli legislature, judicial legislation

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