The Role of Courts in Rifted Democracies

Israel Law Review, Vol. 33, pp. 216-258, 1999

15 Pages Posted: 24 Nov 2011

See all articles by Ruth E. Gavison

Ruth E. Gavison

Hebrew University of Jerusalem - Faculty of Law

Date Written: November 23, 2011

Abstract

Independent courts are very central elements of the rule of law and democracy. At the same time, criticism of judicial performances may be legitimate and even justified. Courts are not elected powers. Their legitimacy stems from the fact that they are the ones who enforce the laws and protect the citizens from arbitrary power. But the function of making the laws is usually given to accountable elected legislatures. When courts appear to be imposing their own views, this may generate a weakening of their legitimacy in the eyes of those who do not share these values. The threat is especially string in tifted democrecies, where major interests and worldviews are underrepresented in the courts.

Suggested Citation

Gavison, Ruth E., The Role of Courts in Rifted Democracies (November 23, 2011). Israel Law Review, Vol. 33, pp. 216-258, 1999 . Available at SSRN: https://ssrn.com/abstract=1963756

Ruth E. Gavison (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

HOME PAGE: http://www.gavison.com

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