BETWEEN THE RULE OF LAW AND THE LAWS OF THE RULER - THE SUPREME-COURTIN ISRAELI LEGAL CULTURE

This article explores the origins, characteristics, and problems of Is raeli legal culture. The analysis, based on a theoretical framework an d empirical findings, seeks a better understanding of the interaction between law and democracy in general, and in Israel in particular, fro m a comparative perspective. It is claimed that the 'rule of law' was originally imposed by the political elite, and gradually became part o f the political culture. At first, the 'rule of law' was a set of proc edures imposed and managed by the elite, but later a rhetoric of civil rights and a greater sensitivity for individual rights were generated . Crucial issues are exposed: the severe tensions between Jewishness a nd democracy, minority rights of the Arab Israelis, the supervision, o ver the army and the security services, militarism versus democracy, e xcessive adjudication, legal reforms, civil rights in Israel, and mili tary occupation. The investigation of these issues points to the deepe r tenets of Israeli legal culture, and teaches us about law and democr acy in a non-Western political setting which is experiencing processes of americanization.