Edited by Martin Scheinin, Helle Krunke and Marina Aksenova
Chapter 2: On judging
AbstractAharon Barak, former Chief Justice of the Supreme Court of Israel. The author addresses a number of general questions as regards the role of judges as guardians of the Constitution. Among others he discusses constitutional interpretation, judicial lawmaking, judicial discretion and balancing and the importance of standing hence automatically touching upon court legitimacy. Furthermore, fundamental questions such as the role of courts in a democracy and justifiability of courts are given attention.
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