Constraints on Supreme Court Authority in Israel and the United States: Phenomenal Cosmic Powers; Itty Bitty Living Space

70 Pages Posted: 24 Mar 2010

See all articles by Marcia Gelpe

Marcia Gelpe

Mitchell Hamline School of Law

Date Written: 1999

Abstract

In recent years, the power of the Supreme Court of Israel has been greatly expanded--without any coincident confining of the living space available to the Court. The debate on the expansion of the power of the Supreme Court in Israel has centered on the issue of whether this expansion is justified, and most commentators agree that it is. The debate has not addressed the question of whether it is necessary to constrain the Supreme Court's exercise of its newly found powers. This Article addresses that question, taking the expansion of the Court's power as a given, either because it is a positive development or because it is an irreversible one. It then examines whether the expansion should be accompanied by development of greater constraints on the Court's exercise of its powers. The constraints that operate on the Israeli Supreme Court are examined and compared to the much more extensive constraints that operate on the United States Supreme Court. The magnitude of difference revealed by this comparison indicates the need to question the adequacy of the constraints that operate on the increasingly powerful Israeli Supreme Court. (Marcia Gelpe, Constraints on Supreme Court Authority in Israel and the United States: Phenomenal Cosmic Powers; Itty Bitty Living Space, 13 EMORY INT’L L. REV. 493 (1999))

Keywords: Israel, judicial power, comparative law, separation of powers, constitutionalism, basic law

Suggested Citation

Gelpe, Marcia, Constraints on Supreme Court Authority in Israel and the United States: Phenomenal Cosmic Powers; Itty Bitty Living Space (1999). Emory International Law Review, 1999, William Mitchell Legal Studies Research, Available at SSRN: https://ssrn.com/abstract=1574448

Marcia Gelpe (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

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