Comments on Dorf on Law: Comparative Reflections on the Counter-Majoritaria...

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I was a little surprised to hear this view from th...

2011-10-14T03:03:15.266-04:00

I was a little surprised to hear this view from the Israelis because the introduction of judicial review in Israel has not been without criticism.

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Thanks Doron, but I did mean the left, in addition...

2010-01-04T12:08:50.487-05:00

Thanks Doron, but I did mean the left, in addition to the right. E.g., I think of someone like Ruth Gaveson as comparable to Jeremy Waldron or Mark Tushnet--sympathetic to the liberal results but opposed to judicial review in principle.

Thanks Mike for this very interesting post. A few ...

2010-01-04T10:53:00.456-05:00

Thanks Mike for this very interesting post. A few short comments:

1. The first point that you make is valid, although you mention that the "left" in Israel criticized the Supreme Court. I think what you meant to say is that it is the right. Indeed, many right-wing thinkers and representatives accuse the Court of being a "branch" of Meretz (a very liberal-left faction, which hardly garnered votes in the last elections).

2. To demonstrate this point -- and the similarities with the U.S. System - a few right-leaning Knesset members offered just last week to "pack the court" - i.e., to increase the number of Justices from 15 to 18, and by that to "undo" some of the Court's recent "anti-Zionist" (their words) decisions. [It is important to mention that the Israeli Supreme Court sits in panels of three, just like the Court of Appeals here; and much like the Circuit Courts here, it sits in key cases en-banc, but with no more than 11 Justices).

3. The proposal was defeated this morning by the Knesset standing Judiciary committee, with the Justice Minister (roughly equivalent to Eric Holder here) rumored to have said that he will resign if the proposal passes. Thus, in that sense as well, the faith of both offers to pack the Court was similar. Alas, "switch in time" for the Israeli Supreme Court; not yet, at least.