The Purse and the Sword - Administrative / Constitutional Law - Law

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The Purse and the Sword

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The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.

Presents a critical analysis of Israel's legal system in the context of its politics, history, and society
Examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s
Traces the historic transformation of Israel's legal system and the shifts in the balance of power between the branches of government
Developments are detailed in the context of major issues faced by a modern Israel
Analyzes the causes of public distrust of the Court and the rebalancing of power towards the political branches

Timeline Chart

Introduction

Part I: The Classical Court

1. A State is Born

2. To Judge But Not to Rule

3. The Attorney General and his Powers

4. The Legal System Topples Rabin

5. Menachem Begin: Temporary Justice Minister

Part II: The Legal Revolution

6. The Legal Revolution Takes Off

7. Undermining the Political System

8. Jewish Racists Meet Palestinian Nationalists in the Knesset

9. The Supreme Court and Military Service for Yeshiva Students:
Justiciability and Public Suits

10. The Secret Services Affair

11. Torture

12. The Second Rabin Government and the Oslo Agreements

13. The Deri Trial

14. The Bar-On-Hebron Affair

15. Ehud Barak's Commission of Inquiry

16. Protecting Human Rights

17. Trespassing on the Executive

18. Political Agreements and Prizes

19. Interference in Knesset Procedures

20. The Supreme Court and the Fight against Terror

21. The Court as Legislator and the Wonders of Interpretation

22. The Supreme Court Writes a Constitution

23. Appointments to the Supreme Court

24. The Role of Criminal Law

25. Guilty until Proven Innocent

26. The Attorney General Reigns Supreme

PART III: Partial Restraint

27. The Olmert Government and the Second Lebanon War

28. The Olmert Investigations

29. War in the Shadow of Criminal Investigations

30. The Ramon Trial

31. The Decline in the Supreme Court's Standing

32. Changes and Reform Proposals

33. Changes in the Appointments to the Supreme Court

34. Snail-Paced Justice

35. The Media Battle

36. The Court Today: Moderate Rulings, Radical Principles

Index

Daniel Friedmann was a Minister of Justice in Israel from 2007-2009. Has been Dean of the Faculty of Law, Tel-Aviv University, was a visiting professor at Harvard Law School, the University of Pennsylvania Law School, Fordham law School, and Queen Mary College, University of London. He is a member of the Israel Academy of Sciences and Humanities, and he is the recipient of the prestigious Israel Prize in law.