Judicial Power and National Politics: Courts and Gender in the Religious-Secular Conflict in Israel
Patricia J. Woods examines a controversial issue in the politics of many countries around the world: the increasing role that courts and justices have played in deeply charged political battles. Through an extensive case study of the religious-secular conflict in Israel, she argues that the most important determining factor explaining when, why, and how national courts enter into the world of divisive politics is found in the intellectual or judicial communities with whom justices live, work, and think about the law on a daily basis. The interaction among members of this community, Woods maintains, is an organic, sociological process of intellectual exchange that over time culminates in new legal norms that may, through court cases, become binding legal principles. Given the right conditions—electoral democracy, basic judicial independence, and some institutional constraints—courts may use these new legal norms as the basis for a jurisprudence that justifies hearing controversial cases and allows for creative answers to major issues of national political contention.
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1 Judicial Community Judicial Power and National Politics
2 The Israel High Court of Justice and Religious Authorities
3 The Irony of State Incorporation
4 Social Movement LawyersJudicial Community and the Countermovement that Binds Them
Signaling the Judicial Community
Implicit Alliances and Explicit Coalitions
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ACRI administrative legality administrative power Agranat Agudat Israel Aharon Barak argued attorneys Basic Laws Ben-Gurion cause lawyers chapter civil rights Cohn community in Israel constitutional context Court of Justice critical debates divorce law Dotan elites Elon factors formal Frances Raday gious groups Grundnorm halakhah halakhic Haredi HCJ’s Hebrew High Court ideological important increasing judicial power intellectual community interaction Israeli issues Jerusalem Jews Judaism judges judicial community judicial independence judicial review judiciary Knesset Kulturkampf Law of Return legal norms legal positivism legal scholars legislation marriage and divorce ment Nevo organizations Orthodox parties percent Personal interview political salience Poraz principles questions rabbinical authorities Rabbinical Court religion religious council religious institutions religious law conflict religious officials religious Zionists role secular Shakdiel Shalit social movement social movement lawyers society status law Supreme Court tion ultra-Orthodox women’s equality argument women’s movement women’s rights Zionist