Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel (Cambridge Studies in Constitutional Law)
Cambridge University Press, 12/19/2013
EAN 9781107038998, ISBN10: 1107038995
Hardcover, 226 pages, 23.5 x 15.5 x 1.7 cm
Language: English
Lawyering for the Rule of Law introduces a new model of government lawyering in which government lawyers function as an ancillary mechanism that enables the court to expand its influence on policy-making within the political branches by forming out-of-court settlements. It discusses the centrality of government lawyers with regard to judicial mobilization and the enforcement of social reforms through adjudication, and sheds light on particular functions of government lawyers as adjudicators and facilitators of institutional arrangements. It also discusses the ethical and professional dilemmas of government lawyers in judicial review and the relationship between lawyers' professional morality and outcomes in litigation.
Introduction
the government's lawyer
1. The Israeli legal system and the rise of judicial activism in the High Court of Justice
2. The High Court of Justice Department (HCJD) and the model of lawyering for the rule of law
3. Litigating for the government
4. The dilemma of two masters
5. Sorting things out
government lawyers in transformative litigation
6. The government lawyer as adjudicator
'pre-petitions' and the HCJD
Conclusion.