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The Relationship Between the Supreme Court and Parliament in Light of the Theory of Moves: the Case of Israel

Author

Listed:
  • Assaf Meydani

    (Academic College of Tel-Aviv- Yaffo, Israel, assafmei@mta.ac.il)

  • Shlomo Mizrahi

    (Ben-Gurion University of the Negev, Israel, shlomom@bgu.ac.il)

Abstract

The relationship between the Supreme Court and the legislature has been studied from various angles. This paper develops a dynamic model using the Theory of Moves. The model is then applied to a path-dependence analysis of the relations between the Supreme Court and the parliament in Israel between 1970 and 2007. While at the beginning of this period the Supreme Court limited the ability of citizens to appeal in matters concerning decisions of the parliament and the government, by the end of the period it had expanded this ability significantly, thus implementing an informal policy of procedural judicial activism. More specifically, the empirical analysis traces three turning points in the path-dependence analysis, which can also be explained and understood as temporary equilibria in the dynamic interaction ultimately leading to a stable equilibrium.

Suggested Citation

  • Assaf Meydani & Shlomo Mizrahi, 2010. "The Relationship Between the Supreme Court and Parliament in Light of the Theory of Moves: the Case of Israel," Rationality and Society, , vol. 22(1), pages 55-82, February.
  • Handle: RePEc:sae:ratsoc:v:22:y:2010:i:1:p:55-82
    DOI: 10.1177/1043463109346469
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    References listed on IDEAS

    as
    1. Edwin Woerdman, 2000. "Rationality And Stability In The Theory Of Moves," Rationality and Society, , vol. 12(1), pages 67-86, February.
    2. Segal, Jeffrey A., 1997. "Separation-of-Powers Games in the Positive Theory of Congress and Courts," American Political Science Review, Cambridge University Press, vol. 91(1), pages 28-44, March.
    3. Stefan Voigt & Eli M. Salzberger, 2002. "Choosing Not To Choose: When Politicians Choose To Delegate Powers," Kyklos, Wiley Blackwell, vol. 55(2), pages 289-310, May.
    4. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
    5. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    6. Breton, Albert, 1995. "Organizational hierarchies and bureaucracies: An integrative essay," European Journal of Political Economy, Elsevier, vol. 11(3), pages 411-440, September.
    7. Hall, Peter A. & Taylor, Rosemary C. R., 1996. "Political science and the three new institutionalisms," MPIfG Discussion Paper 96/6, Max Planck Institute for the Study of Societies.
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