In this Book

Judicial Power and National Politics
summary
Uses the case of Israel to examine the circumstances that lead national courts to engage heated political issues. Patricia J. Woods examines a controversial issue in the politics of many countries around the world: the increasing role that courts and justices have played in deeply charged political battles. Through an extensive case study of the religious-secular conflict in Israel, she argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law on a daily basis. The interaction among members of this community, Woods maintains, is an organic, sociological process of intellectual exchange that over time culminates in new legal norms that may, through court cases, become binding legal principles. Given the right conditions—electoral democracy, basic judicial independence, and some institutional constraints—courts may use these new legal norms as the basis for a jurisprudence that justifies hearing controversial cases and allows for creative answers to major issues of national political contention.

Table of Contents

  1. Front Matter
  1. Half Title Page
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  1. Title Page
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  1. Copyright Page
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  1. Dedication
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  1. Table of Contents
  2. p. vii
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  1. Illustrations
  2. p. ix
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  1. Introduction
  2. pp. xi-xxiii
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  1. Content
  1. 1 Judicial Community, Judicial Power, and National Politics
  2. pp. 1-28
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  1. 2 The Israel High Court of Justice and Religious Authorities
  2. pp. 29-58
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  1. 3 The Irony of State Incorporation
  2. pp. 59-94
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  1. 4 Social Movement Lawyers, Judicial Community, and the Countermovement that Binds Them
  2. pp. 95-120
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  1. 5 Changing Visions, Conflicting Missions: Signaling the Judicial Community
  2. pp. 121-140
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  1. 6 Social Movements and Changing Language of the Court: Implicit Alliances and Explicit Coalitions
  2. pp. 141-174
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  1. 7 Conclusions: Religion and Gender in National Courts: Suggestions for Further Research
  2. pp. 175-194
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  1. Back Matter
  1. Notes
  2. pp. 195-212
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  1. Bibliography
  2. pp. 213-238
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  1. Index
  2. pp. 239-243
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