August 01, 2005

A Constitution for Israel

Robert Bork wrote a letter to Azure, in which he gives some very interesting constitutional advice for Israel (mirrored here). Excerpt:

Daniel Polisar is undoubtedly correct in his assessment of the serious defects that characterize Israel’s present governmental structure and practice (“Israel’s Constitutional Moment,” Azure 20, Spring 2005). An American observer may perhaps be pardoned for making that judgment, however, because many of the flaws he describes are characteristic of the United States as well. Written constitutions are not cure-alls; they can create perils and encourage corruptions of their own. The U.S. Constitution, and its Bill of Rights in particular, has proved over the past fifty years to be the means of a steady erosion of democratic self-government and of judicial imposition, without constitutional warrant, of an ideology of radical personal autonomy and hence of a culture well to the left of that desired by a majority of Americans.  The struggle between legislatures and courts is, of course, a class struggle, one that goes by the name of “the culture war.” The courts everywhere are on the side of the intelligentsia, what Israeli Supreme Court President Aharon Barak calls “the enlightened community in Israel,” while the legislature is, generally speaking, on the side of the general public.

Posted by David Boxenhorn at August 1, 2005 08:07 PM | TrackBacks
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