Aharon Barak (Hebrew: אהרֹן ברק, born 16 September 1936) is a professor of law at the Hebrew University of Jerusalem and lecturer in law at the Yale Law School and the University of Toronto Faculty of Law. He was President of the Supreme Court of Israel from 1995 until the middle of 2006. Legal scholars have called him the "John Marshall" of Israel, the "world's greatest living jurist."[1] Born in Kaunas, Lithuania, Barak was smuggled out of the Kovno Ghetto in a suitcase as a child and hidden by a Lithuanian farmer. He immigrated to Israel with his parents in 1947. Barak is well-known for championing a proactive judiciary that has interpreted Israel's Basic Law as its constitution and challenged Knesset laws on that basis; his actions have been controversial in some quarters because of this. Under his term the Supreme Court issued controversial decisions on the nature of the state and the ability of both the Knesset and the Prime Minister to implement their decisions. Barak reached mandatory retirement age of 70 in 2006, leaving the Israeli Supreme Court a very different place. In 2006, he published "The Judge in a Democracy", an examination of his judicial philosophy, in which he describes the role of a judge, beyond dispute resolution, is to connect law with society and to protect the constitution and democracy. He also espouses the role of purposive interpretation to reading constitutional texts. The book was savagely reviewed by conservative legal scholars who felt that Barak is advocating Judicial supremacy. Richard Posner's review, which characterized Barak as a "judicial buccaneer", received widespread attention in Israel, and a summary of it appeared on the front page of Israeli highbrow newspaper, Haaretz. He received Honorary Degrees from Brandeis University in 2003 and Columbia University in 2007.
References
- ^ E-mail from Israeli Law School lecturer fuels debate Yale Daily News, 28 May 2006
External links
- Israel Ministry of Foreign Affairs biography
- The Judge in a Democracy (Princeton University Press, 2006)
- Barak's Rule, a book review by Robert Bork of The Judge in a Democracy.
- "Reinforcing the Occupation: Israel`s High Court" by Louis Frankenthaler
- Enlightened Despot, a book review by Richard Posner of The Judge in a Democracy.
- "The Legacy of Justice Aharon Barak: A Critical Review", by Nimer Sultany
- "Ignoring the 'Other'", by Hassan Jabareen
| Legal offices | ||
|---|---|---|
| Preceded by Meir Shamgar |
President of the Israeli Supreme Court August 13, 1995 - September, 2006 |
Succeeded by Dorit Beinisch |


