The legislature doesn't, thereby, assume judicial authority. Interpretation and legislating are two different things . . . Aharon Barak fervently defended the right and obligation of the Court to rule on values, and firmly rejected all criticism directed against him on this issue. Interpretation isn't a mechanical activity. It begins with the language of the Constitution and the laws, but is not confined to them.
Every interpretation requires attention to values and principles.
He cited proofs from the wording of various laws to show that the Court must deal with values and ideologies, and that without doing so, it cannot make decisions according to the will of the legislature. Barak also related to claims that judges issue decisions according to their own individual values and those of their social groups. In his judicial activity, the judge must not reflect his own subjective values. . . . He must behave objectively. The judge was not elected.