A political system that relies on officials always acting with wisdom and caution at their own discretion contains the seeds of its own destruction. Political systems need built-in checks and balances so that the different parts of the system can hold each other accountable to act with caution and wisdom.
Thanks for this, Sheri. I was really struck by Justice Netanyahu’s quiet warning, her hope that the Court would continue to act with wisdom. Looking at what’s happening now, it’s hard not to feel like that hope is being tested, if not undone. The reforms seem to risk exactly what she feared: a judiciary no longer able to hold things together when politics unravels.
Daniel Clarke-Serret just published a great piece on this idea, on how judges help carry a nation’s story forward when lawmakers stop making sense. It’s called “Judges: Guardians of the Narrative” and I think it really speaks to what you’re exploring here.
This is a great article because it points out that issues with the powers of the courts are long-standing, not a recent event.
Not touched upon but just as important is the selection process for the Supreme Court: a committee made up of retired judges, Israel Bar Association, government and opposition members chooses the judges. The first two entities have a majority and can block any nominations.
This removes democratic control over the court and makes it a self-perpetuating body.
The genius of the US Constitution is that it considered carefully how to separate powers among the branches of government and delimit the powers of each branch. This is no accident: the colonists who wrote it were deeply influenced by the writers of the Enlightenment, Locke and Montesquieu, who had seen the importance of limiting government in order to protect individual freedom.
The US Constitution makes every official either directly elected or appointed by an elected official, even if in an indirect chain. Supreme Court justices are nominated by the elected president and must be confirmed by the elected Senate. There is no room for private entities, like retired judges or Bar Associations, to make decisions although they can obviously give their opinions.
Judge Richard Posner, a noted expert on Constitutional Law, wrote about the Israeli judicial system 18 years ago. His American perspective on separation of powers is still relevant to Israel today:
This article and your link to the Pace Law review piece by S.N. you provided are extremely helpful. I find it interesting that both the U.S. and Israel are having to come to terms with the function of each branch of government (in this case legislative and judicial).
For such a time as this you provide some much needed information and education and I am grateful.
Thank you. This is very helpful
A political system that relies on officials always acting with wisdom and caution at their own discretion contains the seeds of its own destruction. Political systems need built-in checks and balances so that the different parts of the system can hold each other accountable to act with caution and wisdom.
Thanks for this, Sheri. I was really struck by Justice Netanyahu’s quiet warning, her hope that the Court would continue to act with wisdom. Looking at what’s happening now, it’s hard not to feel like that hope is being tested, if not undone. The reforms seem to risk exactly what she feared: a judiciary no longer able to hold things together when politics unravels.
Daniel Clarke-Serret just published a great piece on this idea, on how judges help carry a nation’s story forward when lawmakers stop making sense. It’s called “Judges: Guardians of the Narrative” and I think it really speaks to what you’re exploring here.
https://open.substack.com/pub/danielclarkeserret/p/judges-guardians-of-the-narrative?r=1thu8o&utm_campaign=post&utm_medium=web&showWelcomeOnShare=false
This is a great article because it points out that issues with the powers of the courts are long-standing, not a recent event.
Not touched upon but just as important is the selection process for the Supreme Court: a committee made up of retired judges, Israel Bar Association, government and opposition members chooses the judges. The first two entities have a majority and can block any nominations.
This removes democratic control over the court and makes it a self-perpetuating body.
The genius of the US Constitution is that it considered carefully how to separate powers among the branches of government and delimit the powers of each branch. This is no accident: the colonists who wrote it were deeply influenced by the writers of the Enlightenment, Locke and Montesquieu, who had seen the importance of limiting government in order to protect individual freedom.
The US Constitution makes every official either directly elected or appointed by an elected official, even if in an indirect chain. Supreme Court justices are nominated by the elected president and must be confirmed by the elected Senate. There is no room for private entities, like retired judges or Bar Associations, to make decisions although they can obviously give their opinions.
Judge Richard Posner, a noted expert on Constitutional Law, wrote about the Israeli judicial system 18 years ago. His American perspective on separation of powers is still relevant to Israel today:
https://newrepublic.com/article/60919/enlightened-despot
Thanks. I wrote about the reforms for judge selection and hope to condense them and put them up here as well.
מעניין רלוונטי לאירועים בימים אלה
As an outside observer, your editorial comment seems warranted. Definitely a needed ingredient in the current US political climate.
Excellent background for helping those with little or no understanding of the issues begin with caution when thinking they already know!
This article and your link to the Pace Law review piece by S.N. you provided are extremely helpful. I find it interesting that both the U.S. and Israel are having to come to terms with the function of each branch of government (in this case legislative and judicial).
For such a time as this you provide some much needed information and education and I am grateful.