Judges!

Growing up, my family revered the Warren Court.  It was responsible for historic civil rights breakthroughs for African Americans and the expansion of civil liberties generally.  My parents spoke of the justices of the Supreme Court as if they were  contemporary  biblical prophets--the very embodiment of the Jewish pursuit for justice beyond the tawdry world of politics. 

Since then, my understanding has become nuanced by the painful awareness that no institution can stand entirely apart from politics.  And, as in the US, so too in Israel: the Israeli Supreme Court operates in an extremely politicized environment.  That court has been responsible for rulings that have affected the route of the Israeli Separation Barrier (see here for background to the ruling) and have led to the limited recognition of same sex marriage.  It is no surprise (albeit depressing) that such an institution--rather than being revered by Israelis as a byword for justice--is seen by many as a an elitist institution shorn of popular support and legitimacy.

Aharon Barak, the former President of the Supreme Court (95-06) who shaped the nature of the current court, was characterized by the US.. legal commentator and judge Richard Posner in this way:

Israel is an immature democracy, poorly governed; its political class is mediocre and corrupt; it floats precariously in a lethally hostile Muslim sea; and it really could use a constitution. Barak stepped into a political and legal vacuum, and with dash and ingenuity orchestrated a series ... of "surprisingly agreeable outcomes." He was a legal buccaneer, and maybe that was what Israel needed.   (The whole article can be read here)

Posner describes Barak as an "enlightened despot," but his critique can be extended beyond Barak himself and applied to the court as a whole.  The current Israeli justice minister, Professor Daniel Friedman has done so, strongly criticizing the liberal overreach by the court.  He wishes to constrain its independence in a variety of ways, from appointments to the issues it can rule on. (read this piece in the New York Times from November '08).

From where I sit: in the maelstrom of Israeli politics, the Israeli Supreme Court is a good thing.  This threatened encroachment on its independence is a disturbing development.   Come to hear Rabbi (and attorney) Gilad Kariv, the Associate Director of the Israel Religious Action Center, talk about this and other issues in his talk here at Emanu-El on Monday February 4th.  More details to come on www.templeemanuel.ca.