[The] Role of a Judge in a Democratic Society (20500). 2 units. This research seminar will consider—on a comparative law basis— the role of judges, mainly Supreme Court or Constitutional Court judges in a democracy. It will concentrate on their role in bridging the gap between law and society and in protecting the constitution and democracy. The class will consider if those are proper roles for judges. Are there more important roles? How do we understand democracy in this respect? The topics will also include analyzing proper tools used by judges to fulfill their role. Subjects that may be researched are: interpretation; gap-filling; and the development of common law. Other topics that are relevant: balancing; questions of non-justiciability; and standing. One may also consider in this respect the place of jurisprudence in performing the role of a judge. Another subject is the way the judgment is articulated and drafted, including the question of minimalism and rhetoric. Other topics may relate to the role of the judge and his or her interrelationship with the legislative branch (dialogue; judicial review) and with the executive branch (deference). Also included are topics on the role of a judge in a democracy fighting terror. Students will meet individually with the professor during the term to discuss their papers. Hours to be arranged. Paper required. A. Barak.
Course Bidding: Students should submit statements of interest by June 26, 2014, at 4:30 p.m.