Diversity Through Bureaucracy: System Judges and Intersectional Diversification of the Israeli Judiciary

The Law and Ethics of Human Rights 15 (2):313-341 (2021)
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Abstract

This article examines the role bureaucracy has in enhancing the social diversity of judiciaries. It does so by analyzing the Israeli judiciary and its reforms over the last three decades, and the interaction of these reforms with the appearance of intersectional judges—Arab women, Jewish women of Orthodox background, and Jewish women from geographic and economic peripheries—into the Israeli judiciary. Based on an original empirical study, the article shows that the career paths of intersectional judges include administrative roles in the judiciary more often than non-intersectional judges. The article further demonstrates how these administrative career paths were shaped by bureaucratic-minded reforms. The Israeli case study thus shows how the bureaucratic design of the judiciary can accommodate diversity efforts, sometimes unintendedly, and discusses the merits, boundaries, and drawbacks of such bureaucratic design.

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