• Media type: E-Article
  • Title: Developments in Constitutional Law: Selected Topics
  • Contributor: Shetreet, Shimon
  • imprint: Cambridge University Press (CUP), 1990
  • Published in: Israel Law Review
  • Language: English
  • DOI: 10.1017/s0021223700010001
  • ISSN: 0021-2237; 2047-9336
  • Keywords: Law
  • Origination:
  • Footnote:
  • Description: <jats:p>The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.</jats:p>