Gad Barzilai, “Between the Rule of Law and the Laws of the Ruler: Israeli Legal Culture and the Supreme Court,” International Social Science Journal 152 (June 1997): 193-208

Between the Rule of Law and the Laws of the Ruler: Israeli Legal Culture and the Supreme Court

Abstract

 
Democracies should adhere to several minimal prerequisites. The most important criteria for defining a political regime as a democracy are free elections, legitimate and legal existence of an opposition, peaceful transition of governments and head of states, basic public accountability of ruling elite, and the preservation of civil rights – predominantly equality of political rights, freedom of expression and freedom of association. Not all democratic regimes maintain all these elements to the same extent, and in the same fashion. The interactions between democratic procedures and political cultures have often been problematic. The extent which procedures will be expressed as civil and democratic values depends on the political culture, including the legal culture. The culture must be articulated and manifest itself in democratic procedures.

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