Chapter 14— Retirement, 1976–1992
1. See, for example, F.H. 30/75, Koby v. State of Israel , 30(2) P.D. 757 (1976); Cr.A. 515/75, Katz v. State of Israel , 30(3) P.D. 673 (1975). The only opinion related to constitutional law in these volumes is H.C. 549/75, Noah Films Ltd. v. Film and continue
Theatre Censorship Board , 30(1) P.D. 757 (1975), reversing the board's decision to deny a permit to show the film Guardian of the Night . The board reversed its decision to grant the permit on the ground that the film might hurt the feelings of Holocaust survivors.
2. Agranat learned about the practice from Sir Leon Radzinowicz's account of James Fitzjames Stephen's retirement from England's High Court. See Leon Radzinowicz, Sir James Fitzjames Stephen: Selden Society Lectures (Menston, England: Scolar Press, 1975), 42-43. I am indebted to David Seipp for tracing this information for me.
3. The last reported case with Agranat as a panel member is C.A. 44/76, ATA Textile Company v. Schwartz , 30(3) P.D. 785 (1976). This decision is dated 5 September 1976. Justice Shamgar wrote the opinion, with Justices Agranat and Landau concurring. Agranat's very last opinion, in which he sat as a single judge, was not published.
4. For several years he taught a seminar at Bar-Ilan University Law School. Agranat also taught at Yeshiva University in New York and at Santa Clara University School of Law in California as a visiting professor of law.
5. Agranat's major writings during this period were: "The Philosophy of Morris R. Cohen: A Symposium"; "The Madrid Conference Demonstration Trial: Opinion in Rescue of Hostages Case," 16 Is. L. Rev. 142 (1981); "Trumatah shel ha-Rashut ha-Shofetet le-Mifaal ha-Hakikah [The Contribution of the Judiciary to the Legislative Endeavor]," 10 Iyune Mishpat 233 (1984); "Hitpathuyot ba-Mishpat ha-Plili [Developments in the Criminal Law]," 11 Iyune Mishpat 33 (1985).
6. Among these prizes were honorary degrees from the Jewish Theological Seminary, from Ben-Gurion University, and from the Hebrew University. In 1986 he received the Sussman Prize, for--among other things--his "Life work of truth and justice" and "For the example he set, in theory and in practice, to the future generations." In 1990 he was recognized by the bar for "being among the founders of democracy in Israel, for his unique contribution to laying down the principles of the rule of law, for his judicial opinions that shaped the principles of political and human rights, and for educating generations of law students." Agranat papers, Agranat family, Jerusalem.
7. See, generally, Moshe Negbi, Me'al la-Hok: Mashber Shilton ha-Hok be-Yisrael [Above the Law: The Constitutional Crisis in Israel] (Tel Aviv: Am Oved, 1987); Pnina Lahav, "A Barrel without Hoops: The Impact of Counterterrorism on Israel's Legal Culture," 10 Cardozo L. Rev. 529 (1988); Dan Simon, "The Demolition of Houses in the Israeli Occupied Territories," 19 Yale J. Int'l L. 1 (1994); Sprinzak, Ascendance . In 1988 Agranat agreed to serve as president of the Israeli Association of Civil Rights (ACRI), thereby lending the young organization his prestige and authority. This was a significant step on Agranat's part, and it attests to his commitment to political and civil rights. The legal establishment frowned on his decision, and some members of his family advised him against it, because ACRI was constantly challenging human-rights violations, thereby causing embarrassment to the government and to the Court. Agranat's decision to assist ACRI is another indication that his prudent approach during his service as chief justice stemmed more from his conception of his position than from a change of heart about the need to protect rights in and by the Israeli polity. break
8. Compare with Agranat's own 1925 dismissal of the Talmud in "Concerning the Hebrew University."
9. The phrase was suggested to the family by Justice Cohn, who had contributed an article on the subject to the Festschrift published in honor of Agranat's eightieth birthday. See Haim Cohn, "Din Emet La-Amito," in Barak et al., Gvurot, 35. The Talmud explains that "[t]he one who judges the truth truthfully is like an accomplice to the Lord in the Creation." And "a truthful judgment is when the truth inheres in the heart of the judge; judging the truth truthfully means that that truth has accomplished its mission, a just judgment." Ibid., 86.