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Hastings Law Journal

Authors

Aharon Barak

Abstract

The President of the Supreme Court of Israel, in his 2001 Justice Matthew 0. Tobriner Memorial Lecture, presents his reflections on the inevitable judicial lawmaking on part of the courts of last resort. According to President Barak, the weighing and balancing of conflicting values in such lawmaking should be a rational process, and objective, in the sense of reflecting deep values of the society. Every judicial decision should, moreover, fit the tradition of the legal system, as well as the general structure of the institutional-governmental systems of the society. Finally, President Barak calls on judges to be open-minded and aware of their fallibility.

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