Prof. Aharon Barak, former President of the Supreme Court, marks a significant personal milestone this week as he turns ninety according to the Hebrew calendar. Barak, widely recognized as the father of Israel's constitutional revolution, represents a milestone in the history of the Israeli justice system, with influence spanning numerous high-level public and legal roles. His work was described by retired Justice Elyakim Rubinstein, who served alongside him on the Supreme Court, as a combination of academic excellence and deep involvement in national decision-making hubs.
Barak's professional path began in academia, where he distinguished himself as a young professor of civil law at the Hebrew University. In his youth, he was awarded the Israel Prize, signaling the start of an extensive legal career. At 39, Barak was appointed Attorney General, a role in which he was exposed to Israel's complex political reality. In this capacity, he served as a key figure in the diplomatic negotiations that led to the peace agreement between Israel and Egypt, earning the appreciation of the political echelon at the time, including Prime Minister Menachem Begin.
In 1978, Barak was appointed to the Supreme Court, serving for 28 years, 11 of which as President. As a distinct legal theorist, his rulings tended toward a clearly liberal approach. Rubinstein notes that Barak drew much of his legal worldview from the Holocaust, emphasizing the protection of human rights as a supreme value in a Jewish state. His most significant contribution focused on constitutional law, particularly the 1995 'Bank Mizrahi' ruling, which anchored the status of Basic Laws as the foundation for a constitutional revolution allowing for judicial review of Knesset legislation.
Throughout his career, Barak authored extensive series of books on interpretation and judicial thought. Rubinstein addresses the criticisms leveled against Barak over the years, including those in the context of the public debate over the judicial reform, arguing that the demonization of his figure is unjustified given his long-standing contribution to the justice system and Israel's international standing. Proof of this can be found in his government-backed appointment as an ad hoc judge at the International Court of Justice in The Hague, despite the political criticism directed at him. Even after his retirement, Barak remains an influential and central figure in Israeli legal discourse, continuing to publish legal writings and participate in professional forums.