NCJ Number
56756
Journal
Israel Law Review Volume: 13 Issue: 4 Dated: (1978) Pages: 459-473
Date Published
1978
Length
15 pages
Annotation
A COMPARATIVE ANALYSIS OF U.S. AND ISRAELI METHODS AND INSTITUTIONS FOR CHANGING COURT PROCEDURES IS PRESENTED.
Abstract
THE DISCUSSION, WHICH IS CONCERNED WITH RULES OF CIVIL PROCEDURE, CRIMINAL PROCEDURE, AND EVIDENCE, IS BASED ON A LECTURE BY THE AUTHOR, A U.S. DISTRICT COURT JUDGE, AT THE HEBREW UNIVERSITY IN JERUSALEM. A REVIEW OF THE HISTORY AND STATUS OF RULEMAKING PROCEDURES IN THE UNITED STATES AND ISRAEL, WITH PARTICULAR ATTENTION TO THE BACKGROUND OF THE U.S. FEDERAL RULES OF EVIDENCE AND WITH BRIEF REFERENCE TO THE BRITISH SYSTEM, POINTS TO FACTORS THAT HAVE SHAPED AND DETERMINED THE PACE OF PROCEDURAL REFORMS. IT IS NOTED THAT, AS IN THE UNITED STATES, PROCEDURAL CHANGE IN ISRAEL REFLECTS THE INTERPLAY AMONG REFORMERS AND PROTECTORS OF THE STATUS QUO (INCLUDING LAWYERS WHO FEAR LOSS OF A MAJOR STOCK IN TRADE--KNOWLEDGE OF CURRENT PROCEDURAL RULES). THE FOLLOWING QUESTIONS ARE RAISED: WHETHER THE ISRAELI PROCEDURAL REFORM SYSTEM MAKES FULL USE OF THE TALENTS OF THE ACADEMIC COMMUNITY, AS IS DONE IN THE UNITED STATES; WHETHER PROCEDURAL QUESTIONS ARE GIVEN SUFFICIENT PUBLIC HEARING; WHETHER THE ISRAELI BAR COULD BE MORE EXTENSIVELY ENGAGED IN PROCEDURAL REFORM; AND WHETHER ISRAELI LAW STUDENTS ARE BEING TRAINED TO BE CRITICAL OF EXISTING PRACTICES. IT IS CONCLUDED THAT NO INSTITUTION CAN BE TRUSTED NOT TO FALL INTO A RUT OF SELF-SATISFIED APPROVAL OF OUTWORN PRACTICES. WHAT IS NEEDED IS THE OPPORTUNITY FOR LEGISLATURES, COURTS, THE BAR, LAW SCHOOLS, AND ANY OTHER INTERESTED PARTIES TO APPLY SKILL AND IMAGINATION IN DEVISING NEW PROCEDURES TO MEET NEW PROBLEMS. ALSO NEEDED ARE PUBLIC DELIBERATIONS TO MAXIMIZE THE SOUNDNESS OF REFORM POLICY AND DESIGN. A QUESTION-ANDANSWER EXCHANGE THAT FOLLOWED THE LECTURE IS REPORTED. (LKM)