Four Myths of Judicial Review: A Response to Richard Posner's Criticism of Aharon Barak's Judicial Activism

14 Pages Posted: 15 Jun 2007

See all articles by Barak Medina

Barak Medina

Hebrew University of Jerusalem - Faculty of Law

Date Written: June 2007

Abstract

Richard Posner has recently reviewed, in The New Republic, Aharon Barak's book, The Judge in a Democracy. Posner criticizes Barak for both his theoretical argument and for what Posner portrays as Barak's legacy as the President of Israel's Supreme Court. Posner accuses Barak for acting as "a legal buccaneer," and describes his approach as "usurpative." Posner crowns Barak, in the very title of his review, as no less than an "Enlightened Despot." In this response I claim that Posner's critique lacks a proper understanding of the legal situation in Israel, it misrepresents Barak's activities as a judge, and fails to contend properly with Barak's doctrine which it purports to reject.

Keywords: Judicial Review, Israel, Constitutionalism

Suggested Citation

Medina, Barak, Four Myths of Judicial Review: A Response to Richard Posner's Criticism of Aharon Barak's Judicial Activism (June 2007). Available at SSRN: https://ssrn.com/abstract=992972 or http://dx.doi.org/10.2139/ssrn.992972

Barak Medina (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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