Now that Aharon Barak has retired from the Supreme Court, a lot of long overdue criticism of his judicial philosophy is finally being heard. It was so intense last week that he became uncharacteristically defensive and felt called upon to assert his Zionist credentials. Righteous indignation aside, the criticisms are all well-taken.
Mosny of these have been published in Azure. Those by Evelyn Gordon and Mordechai Haller being the most important.
Now, in a major coup, the magazine has published a trenchent, and brilliant, critique of Barak by Robert Bork.
His concluding paragraph says it all:
Alexander Hamilton, in Federalist 78, wrote that “the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution,” because it “has no influence over either the sword or the purse.” Hamilton badly underestimated the capacity of the Supreme Court to go well beyond its constitutional mandate, but the Israeli court, by its assertion of the power to control both sword and purse, may well be the branch most dangerous to the political rights of the nation.
Now, I know some will dismiss this because of Bork's reputation as a Conservative ideologue. I suggest, however, that everyone who hold Israel dear read this piece with an open mind.