Alexis deTocqueville, Democracy in America: On Judicial Power
Tocqueville: Book I Chapter VI
"The first characteristic of judicial power in all nations is the duty of arbitration. But rights must be contested in order to warrant the interference of a tribunal; and an action must be brought before the decision of a judge can be had. As long, therefore, as a law is uncontested, the judicial authority is not called upon to discuss it, and it may exist without being perceived. When a judge in a given case attacks a law relating to that case, he extends the circle of his customary duties, without, however, stepping beyond it, since he is in some measure obliged to decide upon the law in order to decide the case. But if he pronounces upon a law without proceeding from a case, he clearly steps beyond his sphere and invades that of the legislative authority."
That is a perfect definition of Barak's "judicial imperialism" -- "clearly steps beyond his sphere and invades that of the legislative authority." Read about his latest ultimatum to the Knesset here...
http://www.haaretzdaily.com/hasen/spages/451393.html
Who was the plaintiff? none
Who was the defendant? none
What was the matter at issue? none
What right does Barak have to get involved? none
"The first characteristic of judicial power in all nations is the duty of arbitration. But rights must be contested in order to warrant the interference of a tribunal; and an action must be brought before the decision of a judge can be had. As long, therefore, as a law is uncontested, the judicial authority is not called upon to discuss it, and it may exist without being perceived. When a judge in a given case attacks a law relating to that case, he extends the circle of his customary duties, without, however, stepping beyond it, since he is in some measure obliged to decide upon the law in order to decide the case. But if he pronounces upon a law without proceeding from a case, he clearly steps beyond his sphere and invades that of the legislative authority."
That is a perfect definition of Barak's "judicial imperialism" -- "clearly steps beyond his sphere and invades that of the legislative authority." Read about his latest ultimatum to the Knesset here...
http://www.haaretzdaily.com/hasen/spages/451393.html
Who was the plaintiff? none
Who was the defendant? none
What was the matter at issue? none
What right does Barak have to get involved? none
posted by Barry Freedman at 8:47 PM
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