After the storm? The Israeli Supreme Court and the Arab-Palestinian minority in the aftermath of October 2000

The purpose of the article is to analyze major aspects of the performance of the Israeli Supreme Court vis-à-vis the Arab-Palestinian minority since October 2000. The article advances three arguments. First, the Supreme Court has truly held the post of guardian of democratic tenetswith respect to the civil and political rights of Arab-Palestinian citizens. Second, the court serves (sometimes unintentionally) as a guide or a mediator demarcating an intermediate path for Israeli society, one which might cross the middle ground between two almost polar options for society: the bi-national state (an idea which is gaining popularity with the minority but is rejected outright by the Jewish majority), and the existing status quo (strongly resented by the minority). This intermediate path, or bridging vision, may prove a defence against the violent breakdown of inter-communal relations in Israel proper. The third argument goes in the other direction and criticizes the Supreme Court. The court often evades providing remedies in the direction it has signalled, and is reluctant to act in some instances. Taken together this two-steps-forward-one-step-back performance paints a somewhat ambiguous picture. The article does not solve the enigma, but by unfolding its traits it hopefully opens the way for further discussion.