web analytics
July 3, 2015 / 16 Tammuz, 5775
At a Glance
InDepth
Sponsored Post


Israel’s Dictatorship Of The Judiciary

Front-Page-033012

These claims are no less fraudulent than Peace Now’s earlier assertions that Israeli withdrawal was the key to Arab-Israeli peace.

For example, Peace Now declared that 85 percent of Ma’ale Adumim, the largest of Israel’s West Bank settlements, had been privately owned Palestinian land. When challenged with the relevant documentation, Peace Now amended its claim to 0.5 percent, acknowledging a 17,000 percent overstatement. Even this claim of 0.5 percent is highly dubious.

In another instance, Peace Now asserted that more than 70 percent of the settlement of Revava was built on privately owned Arab land. When challenged, it modified its claim to 22 percent. The settlement sued Peace Now, insisting that Revava was built entirely on state lands. The court ruled in favor of the settlement, and Peace Now and the two authors of its report on Revava had to pay a 20,000-shekel fine and publish a retraction of their false claim in major Israeli newspapers.

Peace Now enlisted Arab claimants and made similar claims of Arab ownership with regard to the West Bank community of Migron, established with the support of some government agencies and the opposition of others. Peace Now took its claim directly to the Supreme Court.

The court, under Beinisch, did not investigate the ownership issue but simply ruled in favor of the Peace Now stance and ordered the community destroyed. When the evacuation order was delayed in response to a government appeal, Peace Now promoted the filing of another lawsuit in a lower court for compensation to the Arab claimants for the years when they had no access to their alleged land. The lower court asked for evidence of ownership, at which point the claimants withdrew their suit.

But Beinisch went further than simply ruling in Peace Now’s favor without examining the claim of ownership. Last September, she effectively declared – in what might be called the Peace Now coup – that in most of the West Bank, when there is any Arab claim to land on which there has been Jewish construction, the burden will fall on the Jewish residents or Israeli authorities to prove the land is not Arab-owned, rather than on the claimant to provide evidence of ownership.

Beinisch has complained bitterly of efforts by politicians to “damage the Supreme Court, to reduce its powers, and prevent it from carrying out its functions, and thus to undermine its ability to protect the country’s democratic values.” She recently asked rhetorically whether those who want to alter the selection process for Supreme Court justices to one resembling the process in the United States, with Knesset members vetting candidates, “are also proposing to adopt the unchallengeable respect for the American Supreme Court’s decisions?”

But Beinisch’s characterization of the American Supreme Court is disingenuous. First, of course, the United States has a constitution, so there are definitive guidelines by which the court is to judge cases that come before it. American Supreme Court justices are not to be guided simply by what they believe should be in a constitution were the nation to have one.

In addition, U.S. Supreme Court decisions are not “unchallengeable.” Most notably, of course, there is a process for amending the constitution should legislators decide there is a need to counter court decisions via constitutional reform.

Moreover, American leaders have long recognized the threat to democracy posed by a Supreme Court claiming unchallengeable finality for its decisions, a status superseding other branches of government and transcending any system of governmental checks and balances. For example, Abraham Lincoln wrote that “[I]f the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made…the people will have ceased, to be their own rulers…”

* * * * *

The threat Lincoln envisioned was the reality that Moshe Landau recognized in the Israeli Supreme Court’s appropriation to itself of extraordinary powers beginning with the presidency of Aharon Barak.

The current selection process for Supreme Court judges and other judicial appointees, the process whose proposed reform has elicited such unbridled claims of threatening Israeli democracy, in fact effectively extends the anti-democratic predilections of the Supreme Court throughout the judiciary. It adds a structural dimension to those predilections, a dimension that reinforces and perpetuates them and assures their permeating the entire judicial system.

The present selection process, unlike that in other Western democracies, is largely under the control of sitting judges. This not only allows the Supreme Court, and the judiciary more broadly, to be self-perpetuating in ideology, it also stymies cultivation and articulation of alternative perspectives by anyone in Israel’s legal “food chain.” Everyone within the system is aware of the largely unchanging political biases of the judges they must deal with, and anyone who aspires to himself or herself some day to achieve appointment to the judiciary is inevitably pushed to be particularly accommodating of those biases.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Israel’s Dictatorship Of The Judiciary”

Comments are closed.

Current Top Story
Rocket that hit a field in the Eshkol region on July 3, 2015
ISIS-Linked Sinai Terrorists Attempt to Drag Israel Into War With Rocket Fire
Latest Indepth Stories
Jelgava Synagogue, Latvia

Latvia, July 4, 1941 they forced many Jews in the shul putting it on fire; everyone was burned alive

United Nations Building, New York City

There’s blood on the reporters’ hands AND New Israel Fund for funding groups feeding lies to the UN

Zuckerman-070315

Respect & appreciation for our country is not only a civic value but an essential Jewish one as well

wedding cake

When words lose meaning, the world becomes an Orwellian dystopia; a veritable Tower of Babel

Israel, like the non-radical Islamic world. will be happy see the ISIS beheaded for once.

Kids shouldn’t have “uninstructed” Internet access, better to train them how to use it responsibly

What if years from now, IS were to control substantial territory? What world havoc would that wreak?

Rambam writes the verse’s double term refers to 2 messiahs: first King David; 2nd the final Mashiach

The Gaza flotilla has been rightfully and legally blocked by Israel’s Navy, with greetings from Bibi

The president described the attack as “an act that drew on a long history of bombs and arson and shots fired at churches, not random, but as a means of control, a way to terrorize and oppress…”

“The only [candidate] that’s going to give real support to Israel is me,” said the 69-year-old Trump.

And whereas at the outset the plan was that Iran would have to surrender most of its centrifuges, it will now be able to retain several thousand.

Now oil independent, US no longer needs its former strategic alliances with Gulf States-or Israel

In addition to the palace’s tremendous size it was home to the “hanging gardens,” which were counted among the seven wonders of the ancient world.

More Articles from Kenneth Levin
U.S. Secretary of State John Kerry .

Any blueprint from the secretary of state to incorporate what Rabin defined as areas vital for Israel’s defense.

Front-Page-033012

Much of the Israeli Left – including cultural and political leaders, journalists and academics – has in recent months engaged in hyperbolic, defamatory claims that the government of Benjamin Netanyahu is trying to destroy Israel’s democracy through proposed legislation such as that aimed at modifying how Israeli Supreme Court justices are selected.

If Palestinian leaders indoctrinate their people to pursue genocide and TheNew York Times doesn’t report it, is the indoctrination nevertheless of consequence?

Many are puzzled by the widespread support in European democracies of Palestinian groups and Arab states that promote genocidal anti-Semitism. After all, Palestinian and broader Arab anti-Semitism draws heavily, in its anti-Jewish propaganda, on Nazi models, and Western Europe and the European Union are supposed to be opposed to everything touching on Nazism and its genocidal policies.

The Obama administration’s high-profile focus on Israeli settlements and demand for a total freeze of construction beyond the pre-1967 armistice line have delighted many around the world, some of whom may even believe that settlements are the major obstacle to peace. But such views, like the administration’s slant on the issue, are based on false premises and oft-repeated misinformation.

The core of the Arab-Israeli problem is Israel’s “territorial addiction.” So declares a December 3 Haaretz article by one Alex Sinclair.

As to the solution, Sinclair does not quite echo Haaretz’s former executive editor David Landau, who urged Condoleezza Rice a year ago to “rape” Israel. Rather, he advocates a friendly but forceful stand by President-elect Obama to break Israel of its addiction – promoting, in the jargon of addiction treatment (although Sinclair doesn’t use the term), less violent-sounding “tough love” instead of rape.

Amos Oz never tires of finding ways to blame Israel for the absence of Arab-Israeli peace, no matter how clearly the voices on the other side, in Palestinian and broader Arab media, mosques, and schools, declare that their idea of peace is the annihilation of Israel and the destruction of its people. Nor does the celebrated Israeli novelist tire of grossly rewriting history to serve his blame-Israel narrative.

The Washington Post’s Richard Cohen, in a July 18 op-ed on the current fighting between Israel and Hizbullah (“Hunkering Down With History”), declared that Israel’s creation was a “mistake.” He based this judgment of Israel on its Arab Muslim neighbors’ opposition to its existence.

Printed from: http://www.jewishpress.com/indepth/front-page/israels-dictatorship-of-the-judiciary/2012/03/28/

Scan this QR code to visit this page online: