Q&A: Judicial Activism
Judicial Activism
Question
Hello Rabbi, I wanted to ask whether you, as someone knowledgeable in the legal world, support the approach of judicial activism promoted by Aharon Barak?
I once heard in a lecture at the yeshiva where I studied, from one of the rabbis there, a statement in the name of a great Torah scholar [I don’t remember who], who said that Aharon Barak’s legal reasoning is so sharp, precise, and deep that it reminds him of the reasoning of the author of Ketzot.
Is it really so? Would the Rabbi also sign on to such a statement regarding Aharon Barak and his legal reasoning?
Answer
That’s too general a question. “Activism” is not a well-defined term. The question is how much activism. In general, my impression is that he was too activist.
As for his abilities, legal scholars do tend to say that about him, but I’m not sure about it (and I’m also not sure to what extent they know how to evaluate halakhic-style analytical learning). I don’t know him or the material well enough to say anything authoritative.