ABSTRACT

In the past 20 years Israel’s formal and operative constitutional framework has undergone unprecedented change. In large measure, this revolution was wrought by a few Supreme Court justices, and first and foremost by Chief Justice Aaron Barak. Though it is customary to describe what happened in terms of various normative principles, the more important result was a significant accumulation of power and authority in the judiciary vis-à-vis the executive and legislative branches of the government. Some stages in this process were backed by the legislator. Others were based on new Supreme Court interpretations of old constitutional issues. In certain major areas, these new interpretations were entirely at odds with previous Supreme Court positions.