Establishing a Constitutional Court? An alternative political culture approach – the Israeli case

Abstract

In the beginning of January 2002, the Israeli parliament (The Knesset) rejected a proposal that had been filed two years earlier advocating the establishment of a constitutional court of law. This article explains the legislative process in Israel and places it within the framework of the political-public dialogue about establishing a special constitutional court of law, outside the legal system, which would function solely as a critic of constitutional issues. The central claim we shall present stresses the role of the major divisions that exist in Israeli society, and the existence of an alternative political culture. These two factors, combined with the existing institutional structure, make it hard for the political system to cope with issues that require a change in public policy. Due to this phenomenon, the public has taken pro-active steps involving increased petitions to the high court that may help in the process of public decision-making or force the politicians to alter the existing institutional structure.