Mar 23
It is routinely hailed as Israel’s last line of defence against ultra-nationalist legislation. But does the country’s Supreme Court deserve its reputation as an upholder of liberal values?
Recent cases have illustrated how the court, rather than undermining the systematic rights abuses experienced by Palestinians, in fact oils the machine of occupation. Read more
Israel’s Supreme Court has long been held up as a resolute defender of liberal values. Recent decisions handed down by its judges, however, provide an important opportunity to revisit this claim, and to interrogate its past and present validity.
According to Israel’s Ministry of Foreign Affairs, the Supreme Court “upholds the rule of law and strengthens human rights.” (A note on terminology. Israel’s Supreme Court also sits as the High Court of Justice (HCJ) for constitutional matters and citizens’ petitions against government entities.)
This narrative is often reproduced by Israel’s defenders. In March 2012, for example, Time magazine’s Joe Klein hailed the Court as “one of the world’s great bastions of civilized legal contemplation” and “a precious monument to the rule of law.” Read more
While Israeli PM Netanyahu’s coalition seems steady, recent events like the response to the new anti-boycott law, the march for Palestinian independence, and the housing protests have some claiming a resurgent “peace camp”. Yet the rhetoric by Israel’s “left” has merely highlighted how much remains to be done to realise equality and basic Palestinian rights.
When the Knesset passed the anti-boycott law earlier this month, there was a huge outcry. Long-time activist Uri Avnery declared that the anti-boycott law “crosses the boundary between a democratic and a non- democratic society”. The New York Times published an editorial saying that the legislation “seriously tarnished” Israel’s “reputation as a vibrant democracy”. Read more
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