Rabbi Uri Sadan Urges Judicial Responsibility and Societal Representation in Legal System

Rabbi Uri Sadan, the chief rabbi of the Israeli settlement Savyon, addressed the issue of judicial activism in a conversation with Benny Titelbaum on Kan Morasha. He emphasized that the judiciary must reflect the diverse segments of society, noting that judges, though not elected officials, should come from all parts of the community to ensure broader public trust. Rabbi Sadan highlighted that each judge brings their own worldview shaped by their social background, which contributes to the judiciary's legitimacy.

Discussing judicial activism, Rabbi Sadan proposed evaluating it on principle rather than based on the political alignment of judges or the government. He suggested asking whether one would support judicial activism if judges held views similar to one's own but the government disagreed, to distinguish principled stands from opportunism.

Drawing on Jewish legal sources, Rabbi Sadan mentioned the concept of an "important person" tasked with reviewing legislation to prevent undue harm to the public. However, he noted that recent rabbinic authorities believe this concept is not applicable in modern times because such a person must hold both authority and public responsibility. He stressed the principle that "there is no authority without responsibility," arguing that when no entity holds both, public decisions should remain with elected officials who bear responsibility for their implementation. He concluded that no one possesses absolute moral clarity, so it is preferable that those accountable for outcomes make the decisions.