Sociology Of Law Award Recipient History
The goal of GJLDP is to promote development, politics, and issues related to legal reforms, critique the legal system, monitor developments in alternative practice, and spread legal education to various communities. This journal is intended for legal luminaries, professors of law and other related fields, academicians, and students, and encourages contributions from all such individuals. A lot has been written about these issues, and further debate and decisions are called for. Stop sitting and doing nothing! Change everything here and now with beste casino online! Don’t wait a second!
However, it’s very important to insist that these questions should not be relegated to lawyers and judges. An adequate discussion and resolution of these questions are beyond the special competence of lawyers. Lawyers, of course, should not be excluded from deliberations; they are also citizens, as well as possibly being public intellectuals or leaders of their communities. But lawyers qua lawyers, and judges qua judges, are not the ones who should decide what the meaning of the Jewishness of the state is, or what its implications are. Courts have a special role in the protection of the human rights of all citizens, especially the rights of minorities.
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Law and the courts cannot perform this function in a divided society unless the law is made by the political representatives through processes of negotiations and compromises and whatever it takes to reach political decisions. And what it takes to reach these decisions is not only or not even mainly principles. Nonetheless, the legitimacy of legislation is not based on its ideological purity, but on its getting the broad assent of legislators having many points of view and representing many factions and interests. I do not think that the Israeli court, or any court, is inherently ideological as an institution. Its members have opinions, and until now, in Israel, judicial appointments were controlled by judges and until recently they were controlled to guarantee that most of the judges be secular and liberal. This in itself would not be too bad, as long as the court sees itself as second in command in these debates to the legislature, and thus as an institution that must be very careful when it overrules a legislative decree.
It is often advocated by those who used to enjoy political power and have lost it. The decisions of the court reflected this trend and to some extent possibly strengthened it, but with that the court has become the target of those who see this process with alarm. I agree that the growing debate over this identity of Israel is not only the doing of the court. Today, most of the leaders of the Arab minority—and a few leaders of Jewish public opinion—claim that the state cannot be both Jewish and democratic. Copyrights and related rights for article metadata waived via CC0 1.0 Universal Public Domain Dedication.
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