The Role of the Israeli Supreme Court in Protecting Human Right

During a visit to New England, Israeli Supreme Court Justice Ayala Procaccia delivered a lecture at BU Law entitled "Israeli Law, the Security Fence and the Disengagement: Litigation before the Supreme Court."

Justice Ayala Procaccia has served as one of twelve Israeli Supreme Court Justices since 2001. In the five years since her appointment to Israel's highest court, she has written opinions on topics such as the disengagement plan and the placement of the security fence. Her vast experience in balancing human rights with national security has equipped Justice Procaccia to address such challenging topics as the fighting of terrorism in the context of the rule of law, the role of the judiciary in a democratic society and the enforcement of human rights.

In her lecture, Justice Procaccia discussed the ways by which the Supreme Court of Israel exercises its role of protecting democratic principles, particularly human rights, in time of conflict. Over the last two decades, she said, "minimizing the barriers of justiciability and standing brought about a multitude of issues to the adjudication of the Court, bearing on every aspect of Israeli private and public life. It broadened the legal horizons of the Court's involvement and its influence on the constitutional framework of the system, including human rights precepts."

She described the two-fold role of the Supreme Court in performing judicial review of legislative and executive actions as well as protecting human rights. Justice Procaccia focused on the Court's role in matters related to rights, emphasizing the "constant tensions between individual human rights and general social goals" and the related "balancing process" that must take place when judicial decisions are made. This balancing process applies to decisions concerning the security fence, the barring of physical means of interrogating of terrorists and freedom of expression.

During her tenure at the Supreme Court of Israel, Justice Procaccia has been influential in shaping Israeli policy through participation in the development of jurisprudence in matters affecting women's rights, the relationship between religion and state, the peace process and the impact of international law on the security fence.

Read the full transcript of the lecture: Download PDF

- Jane Coulter