| Publication |
2008.
|
| Summary/Abstract |
This article argues that because of the Israeli political system's failure tosupply publicly desired goods and services, the court assumed upon itself arole as an active political player thus ensuring not only the supply of publicgoods and services but also affecting the particular distribution of welfareacross society. It emphasizes the court's position as an interpreter andargues that in the context of Israel this institution became, over the years,politically very powerful. This is because it does not limit itself to the interpretation of laws, but rather it directly and indirectly becomes a lawmaker and an enforcer of public policies. By inviting everyone to appeal to
the Supreme Court this institution becomes all-encompassing, dealing withall types of issues and getting involved in practical matters, as well asquestions of principle. It concludes by wondering if it is not possible that
the 'Keepers of the Law', who benefit from preserving a problematic legal
situation, have an interest in continuing the flux and normative
ambivalence of the status quo.
|