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The Secret German Sources of the Israel Supreme Court

Israel Studies, Vol. 3, No. 2

34 Pages Posted: 27 Nov 2007 Last revised: 9 Apr 2010

Fania Oz-Salzberger

Faculty of Law, University of Haifa; Princeton University, Center for Human Values; Monash University

Eli Salzberger

University of Haifa - Faculty of Law

Abstract

This paper analyzes the effects of the German background and legal education of about one half of Israel's supreme court judges during the state's first three decades. After presenting the basic statistics and biographical sketches of the first-generation "German" judges of Israel's supreme court, the authors explore the significance of this collective biographical profile. Several significant court decisions are analyzed, in respect to the uses of German history, including the Nazi rise to power and the covert impact of the German legal and juridical tradition. It is suggested that the German-born and German-educated judges, despite their differences, brought a particular liberal approach to Israel's judicial branch. They were able to stand up to Ben Gurion's government from a very early stage, thus affording the young state a true and solid separation of powers. Their experience with Weimar and Nazi Germany affected their views of civil librety, freedom of speech and the defense of democracy. They enriched Israeli public discourse by German-inspired concepts, including "a state governed by law [Rechtsstaat]" and "the enlightened public". Also discussed is the interplay of this German tradition with the Anglo-American sources of Israel's judiciary.

Keywords: Israel, Germany, Israeli Supreme Court, German legal

JEL Classification: K00, K10, K19, K20, K29, K30, K39, K40

Suggested Citation

Oz-Salzberger, Fania and Salzberger, Eli, The Secret German Sources of the Israel Supreme Court. Israel Studies, Vol. 3, No. 2. Available at SSRN: https://ssrn.com/abstract=1032302

Fania Oz-Salzberger (Contact Author)

Faculty of Law, University of Haifa ( email )

Mount Carmel
Haifa, 31905
Israel

Princeton University, Center for Human Values ( email )

22 Chambers Street
Princeton, NJ 08544
United States

Monash University ( email )

Wellington Road
Victoria, Roodepoort 3145
Australia

Eli M. Salzberger

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel
972-4-8240005 (Phone)
972-4-8240681 (Fax)

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