|Former Israeli Justice Talks of Protecting the State
and Preserving Civil Rights
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A tool to achieve this
balance, Justice Barak explained,
is the ‘test of proportionality,’
weighing a ruling’s benefit
to the public interest against
the harm caused to human
rights. He said such decisions are magnified in times of war
because the consequences can extend into times of peace.
To amplify his argument, Justice Barak quoted an oft-cited
opinion in Korematsu v. United States, a landmark case in
which the U.S. Supreme Court upheld a presidential executive
order that forced Japanese Americans into internment camps
during World War II.