Jump to ContentJump to Main Navigation
The Purse and the SwordThe Trials of Israel's Legal Revolution$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 July 2020

The Court as Legislator and the Wonders of Interpretation

The Court as Legislator and the Wonders of Interpretation

(p.183) 21 The Court as Legislator and the Wonders of Interpretation
The Purse and the Sword

Daniel Friedmann

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .