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mishpat ivri

The Supreme Court, Jewishness, and Democracy: Suggestions for a More Effective Balance

The Supreme Court, Jewishness, and Democracy: Suggestions for a More Effective Balance

June 21, 2009 | Prof. Julien Bauer
Under the leadership of Aharon Barak, the Israeli Supreme Court experienced a constitutional revolution, giving it the right to judge whether various public decisions respect the Jewish and democratic values of the state. This paper emphasizes that the Supreme Court is ill equipped to judge according to Jewish values, without reference to mishpat ivri, Jewish law.