Israel’s Supreme Court has been acting like a bull in a china shop
Judicial overreach has undermined the live-and-let-live agreements that underpin Israeli society.
By Daniella Ashkenazy, INN Aug 11, 2023,
Most criticism of the proposed Israeli judicial reforms has focused on the Israeli Supreme Court’s overreach regarding judicial review of the decision-making of the executive and the legislature. Little has been said about the negative impact of the Court’s HaKol Shafit—everything is judicable—doctrine in other domains.
This doctrine was first applied in the 1990s by then-Chief Justice Aharon Barak. As a result of it, the Court rules annually on some 2,100 petitions regarding every aspect of life in Israel. In fact, the Court often rules on issues best governed by social dynamics—the province of psychology, sociology and political science—not the law. For example, in many aspects of religion in the public sphere.













