The agenda premises of the judicialization of politics: policy attention in Israel’s high court of justice

This study examines the supposed “activism” of Israel’s High Court of Justice amid recent political crises and legislative efforts to curb its powers. While judicial behavior often balances political activism and constitutional problem-solving, this paper analyzes the Court’s agenda structure to assess its approach. The research hypothesizes that an activist court would maintain an agenda focused on a few core topics over time. In contrast, a court that takes a legal, constitutional approach would have an agenda with a broad array of topics and policy punctuations. Analyzing the Court’s rulings from 1995 to 2018, this study reveals an agenda structure mostly aligning with the latter expectation. By examining the dynamics of policy attention, this paper contributes to our understanding of judicial review strategies beyond traditional preference and incentive-based models. The findings suggest that Israel’s High Court of Justice usually operates more as a legal problem solver than an activist institution, offering new insights into its role in Israeli politics and policymaking

The anatomy of human rights in Israel ::constitutional rhetoric and state practice /

Why is there such a large gap between the declarations that countries make about human rights and their imperfect implementation of them? Why do states that have enacted laws and signed treaties about human rights choose to not enforce these laws in daily life? Why have activists failed to achieve the goals of ensuring human rights domestically and internationally? This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. To do so, it integrates the tools of social choice theory with a unique institutionalist perspective that looks at both formal and informal, and local and international factors. The book offers an analysis explaining the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights

The Israeli Supreme Court and the Human Rights Revolution ::courts as agenda setters /

This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The Court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights

The Israeli Supreme Court and the Human Rights Revolution

This book explains the reciprocal relations between the Supreme Court and the Israeli political system. It is based on a unique approach that contends that the non-governability of the political system and an alternative political culture are two key formal and informal variables affecting the behavior of several political players within the Israeli arena. The analysis illustrates the usefulness of such a model for analyzing long-term socio-political processes and explaining the actions of the players. Until this model changes significantly, the decisions of the High Court of Justice express the values of the state and enable Israel to remain a nation that upholds human rights. The Court's decisions determine the normative educational direction and reflect Israel's democratic character with regard to the values of human rights.</jats:p