Judicial Power and National Politics
Courts and Gender in the Religious-Secular Conflict in Israel
Publication Year: 2008
Published by: State University of New York Press
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This book is about judicial power. It is a study of the decisions that justices at the national court level make that thrust them into national politics, increasing their public standing, and increasing judicial power vis-
1 Judicial Community, Judicial Power, and National Politics
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This book tackles an increasingly controversial issue in the politics of many countries around the world. That is, when, why, and how do national courts begin, systematically, to engage heated political issues? Examples abound of both public support and outrage at the increasing role that courts have played in deeply charged political battles. ...
2 The Israel High Court of Justice and Religious Authorities
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In 1988, a heated conflict erupted between state religious authorities in Israel and the Israel High Court of Justice. This clash, which I call the religious law conflict, has become nothing less than a culture war in the Israeli state and the wider society. It became so heated after the 1988 and subsequent HCJ decisions challenging ...
3 The Irony of State Incorporation
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In 1988, the Israel High Court of Justice entered into a virulent and protracted conflict with Jewish religious authorities in Israel; indeed, the conflict continues to this day. That the HCJ, founded on secular principles of general law, should come into conflict with religious authorities was not surprising. ...
4 Social Movement Lawyers, Judicial Community, and the Countermovement that Binds Them
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In this chapter, I begin to explain both the timing and the manner of the HCJ entry into the religious law conflict. I analyze four aspects of the interactions between HCJ justices and social movement cause lawyers that were key to the development of this conflict:1 (1) social linkages between the HCJ justices and ...
5 Changing Visions, Conflicting Missions: Signaling the Judicial Community
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In chapter 4, I argued that the judicial community in Israel—the community of the justices that includes legal scholars, government lawyers, cause lawyers, and clerks and interns—functions as a community of legal norms generation. Lawyers in this community have a fairly good sense of the types of questions and legal arguments ...
6 Social Movements and Changing Language of the Court: Implicit Alliances and Explicit Coalitions
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In the 1980s, three social movements began to bring cases to the Israel High Court of Justice challenging religious authorities in areas that religious authorities had controlled either through the status quo agreements (discussed in chapter 3), legal statute (as in the law defining Jewishness after Shalit), ...
7 Conclusions: Religion and Gender in National Courts: Suggestions for Further Research
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The incorporation of the religious authorities into the fledgling Israeli state was a high priority for early, secular Zionist state leaders, especially David Ben-Gurion as seen in chapter 3 (Avi-Hai 1974; Keren 1983; Pearlman 1965; Rubinstein 1984; Segev 1986). Conceding authority over personal status issues, including family law, ...
Page Count: 268
Publication Year: 2008
Series Title: SUNY series in Israeli Studies
Series Editor Byline: Russell Stone