The Saad Truth with Dr. Saad Yonatan Green - "Rogue Justice - The Rise of Judicial Supremacy in Israel" (The Saad Truth with Dr. Saad_970)
Feb 24, 2026
Yonatan Green, a lawyer and scholar of Israeli constitutional law and author of Rogue Justice, explains how Israel's judiciary grew powerful. He contrasts Israeli and American legal systems. Short, sharp segments cover reasonableness review, judicial appointments, lack of a formal constitution, and how courts can override elected branches.
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Court Uses Reasonableness Review To Override Cabinets
- The Israeli Supreme Court adopted a broad reasonableness review that lets it second-guess any executive decision.
- Yonatan Green cites the 1990s Dery doctrine where the court forced PM Rabin to dismiss ministers despite no statutory basis.
Court Pretended Israel Had A Constitution In 1995
- Israel has no formal written constitution but the Supreme Court declared constitutional status for certain laws in 1995.
- Green argues this is unique: a court striking down primary legislation without a conventional constitution anywhere else in the world.
Supreme Court Is First Stop And Final Arbiter
- The Supreme Court serves as both first-instance high court for administrative petitions and final appellate court, preventing percolation.
- Green notes petitions originate at the Supreme Court and there's no higher appellate tier to mature legal doctrine.
