Supreme Court President (Emeritus) Meir Shamgar was born in the city of Danzig in Poland. Shamgar held key positions in the Israeli legal system, from Military Advocate General to the President of the Supreme Court. He presided as a member and chairman of committees of inquiry and of public committees, and is now completing his work as head of the Public Council associated with the “Constitution by Consensus” project. The Democracy Award of the Israel Democracy Institute is being presented to him for his unique contribution to Israeli democracy in establishing normative administrative procedures, in inculcating the rule of law, in defending human and civil rights and in making law and justice more accessible to the general public. In his varied positions, Shamgar was very attentive to the problems of the individual in confronting the legal system. By establishing a bridge between the two, Shamgar made a long-term, wide-ranging educational contribution towards establishing democracy and a civil society in Israel.
Shamgar began his judicial career behind lock and bar. He began his legal studies, via correspondence, while in detention camps in Africa after he was arrested as a member of the Etzel organization. During the War of Independence, Shamgar joined the Israel Defense Forces (IDF) and two years later, after completing his law studies while on leave, he joined the Army Judge Advocates Corps. In 1961, he was appointed Military Advocate General. During his work within the Army Advocates Corps, he was a key participant in the formulation of the law concerning military jurisdiction and was a member of the committee that recommended abolishing Martial Law. With the foresight to be ready at all times for possible developments, Shamgar drew up guidelines early on that would require the imposition of the rule of law in administered territories.
In 1968, after a short period in which he served as Legal Advisor to the Ministry of Defense, in addition to holding the position of Chief Military Advocate General, Shamgar was appointed Attorney General of Israel. Shamgar forged new meaning for the position. As someone for whom an orderly and proper administration is a guiding principle, Shamgar worked hard to establish norms, through the belief that the establishment and maintenance of clear norms and regulations are preventative measures against inequality and arbitrariness. To this end he collected the legal opinions of the Attorney General in a compendium of Regulations of the Attorney General to the Government. Attorney General Shamgar inculcated an awareness for the rule of law into all levels of government and made the office of Attorney General first and foremost one of public service. Of special note are his activities which enforced criminal law and the war against corruption, the increase in coordination between the Attorney General’s office and the police, and his contribution in the area of planning and construction. Shamgar agreed to the legal supervision by the High Court of Justice over the administered territories when he granted standing to the residents of Judea, Samaria and Gaza in appeals to the court.
In July 1975, after seven years in the position of Attorney General, Shamgar was appointed as a Justice of the Supreme Court. He served as Justice and Vice-President for eight years, at the end of which, in 1983, he was appointed President of the Supreme Court.
As Supreme Court Justice, he left the imprint of his character and view on every branch of the judicial system. During his years on the Supreme Court, Shamgar shaped values, principles, rules for proper governmental action, and basic rights, and found a balance for deciding between conflicting principles in various areas of public law. Justice Shamgar provided a creative and unique contribution to the reinforcement of freedom of expression and emphasized the importance of this basic right, together with the value of tolerance, for the preservation of other basic rights and the existence of a normative democratic society. In the case of the Electric Company vs. Ha’Aretz, Shamgar upheld the rights of the media when confronted with those who hold public positions, and in the Citrin case, Shamgar provided journalistic privilege with a judicial approval that was vital to the media in fulfilling this role. Justice Shamgar was wise to impose the defense of freedom of expression not only on the government, but also on the ruling cliques within the media. In his Court rulings, Justice Shamgar was not deterred from imposing judicial supervision on the Knesset while making sure to honor and safeguard the principle of the separation of authorities. His approach and his leadership earned him great admiration from the heads of all three authorities.
In addition to defending the rights of suspects and the accused, Justice Shamgar also strengthened the defense of victims of crimes, especially women who fall victim to sex crimes.
At the end of Shamgar’s period as President of the Supreme Court, the constitutional interpretation of the Basic Laws of Human Dignity and Freedom, and Freedom of Occupation began, in which he assisted by providing counsel. The ruling concerning the Mizrahi Bank, the last in which he participated as President, was the first significant ruling dealing with a constitutional interpretation of the Basic Laws in which a position was taken according to which the Knesset had definitive authority.
Shamgar opened up the Supreme Court to the public in expanding the right of standing, and as Justice he was careful to listen with respect and patience to the citizen standing before the bench, becoming a model for all justices. Shamgar served as the defender of citizens in the face of bureaucracy and governmental obtuseness.
As President of the Supreme Court, he oversaw the promotion of the judicial system. Shamgar developed work patterns that aimed to balance the aspiration for justice with the aspiration for efficiency. Within this framework, he developed the administrative systems of the courts, introduced methods of supervision, reporting and control, and began to implement reforms intended to ease the burden in the courts and improve the service provided to the public. In addition to the admirable judicial system that President Shamgar established, he is credited with the construction of the new Supreme Court building, a building worthy of an institution that serves as a model and home for an admirable undertaking. With indefatigable energy and initiative, Shamgar raised the necessary financing and closely supervised the construction process, from the choice of architects through construction and carpentry work. Shamgar thus contributed to the stature of the Supreme Court.
Shamgar contributed his skills and his unique authority as Chairman of Committees of Inquiry and public committees of definitive importance. In 1994, he headed the government committee that investigated the Hebron massacre. A year later, after his retirement from the Supreme Court, Shamgar was called upon to head the Committee of Inquiry into the murder of late Prime Minister Yitzhak Rabin. In these committees, Shamgar gave meaning to the concepts of authority and responsibility in fulfilling a public position. During the 1990s, Shamgar headed public committees, such as the committee to determine the status of the Attorney General.
President Shamgar is now at work leading the Public Council and the Israel Democracy Institute in the “Constitution by Consensus” project. For the first time in the history of the State of Israel, hundreds of people representing the full social spectrum of Israel – Jews and Arabs, secular, national-religious and Haredi, right and left – have taken part and continue to take part in a joint effort to attain a constitution by consensus. We are honored that Meir Shamgar, who is most deserving of this position, is leading this fascinating project; no one else garners such trust from all sides of the spectrum of Israeli society. Under his leadership, the partners in the process of “constitution by consensus” seek to propose a constitution that will shape the character and identity of our Jewish-democratic state and provide it with the proper guidelines for action and behavior that will ensure the human rights of its citizens. We are, in fact, working to establish a constitution that will reflect the image of Meir Shamgar – a Zionist patriot, decent, considerate, wise, diligent, with an impressive record, modest and mild-mannered.
Shamgar’s entire life’s work represents a model of commitment and meaningful action for strengthening democracy and the rule of law