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This book tells the story of the Supreme Court widely regarded as the most activist in the world. The legal culture is premised on step-by-step, cautious, incremental development. But within a short span of time in the course of the 1980s, the Supreme Court of Israel effected far-reaching changes in its legal doctrine and in the way it perceives its role among the state’s branches. This book locates those changes in the context of the great historical process that took shape in Israel in the second half of the 1970s: the decline of the political and cultural hegemony of the Labor movement, and the renewal of the struggle over the future orientation of the country’s culture.
Two social groups have confronted each other at the heart of this struggle: a secular group that is aiming to strengthen Israel’s ties to Western liberalism, and a religious group intent on associating Israel’s culture with traditional Jewish heritage and the Halakhah. The Supreme Court, the institution most closely identified with liberalism since the establishment of the state, collaborated with the former group in its struggle against the latter. As might have been expected, the Court lost much of its legitimacy among members of the religious group. The more puzzling fact, however, is that in recent years the Court has lost much legitimacy among the secular group as well, which for many years provided it with unmitigated support.
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