web analytics
December 21, 2014 / 29 Kislev, 5775
 
At a Glance
InDepth
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Home » InDepth » Op-Eds »

A Glimpse Into The Mindset Of A Judicial Oligarch


“A democracy must fight terror with one hand tied behind its back.”

So stated Aharon Barak, the former president of Israel’s Supreme Court at a forum I recently attended at the Shasha Center for Strategic Studies at the Mount Scopus campus of Hebrew University.

The discussion centered on the potential and real conflict between democracy and the war on terror, and featured a debate between Barak and Judge Richard Posner, former chief judge of the United States Seventh Circuit Court of Appeals (based in Chicago), and one of the leading conservative legal scholars in the United States.

Abstractions do not always mingle well with the real world. Hebrew University President Menachem Magidor bragged that it is good to be in an ivory tower, detached from the real world and capable of pontificating about anything without consequences, although, he said, “we should keep the doors and windows open to see what the people are doing.”

So when the evening began with 25 minutes of heckling from individuals protesting “the occupation,” the liberal authorities (and HU is a liberal bastion) had no idea how to respond. People jeered – at the evening’s chair, former Mossad head Ephraim Halevy, and then at Barak when he started to speak – and security raced over to plead with the protesters to sit down and be quiet, and plead, and plead some more.

I was sitting in the third row with a group of professors (don’t ask), and when one said, “See, this is real democracy,” I answered, “No, this is not democracy, this is anarchy.”

After 20 minutes the crowd started chanting to throw the hecklers out, and eventually the ringleader was dragged away (howling that her rights of free speech were being violated!). Five minutes after she left, another one started in. By the fifth such demonstrator, “tolerance” was tossed to the wind, along with the remaining protesters.

The irony is that they should have stayed, because Barak’s words, actions and philosophy are powerful weapons in the hands of terrorists and a major reason why Israel’s strategic position has declined so precipitously in the last 15 years.

Justice Barak posited that the main function of a judge in the war on terror is to protect democracy “both from the terrorists and from the means the state uses to combat terrorists.”

The judge protects democracy from the state, the Knesset, the army, and even the people – even if there is less security for the people. Any curtailment of liberties that occurs in wartime will inevitably carry over to peacetime, and, in any event, “peace for one person is war for another.” Terrorists are just “lawbreakers” and must be dealt with, but not at the expense of fairness, justice or their human rights.

Thus, he boasted of his court’s decisions (almost all written by him) forcing the army to re-route the security wall (“the additional security provided was not commensurate with the additional harm caused to Palestinians”); overturning the government’s decisions expelling certain terrorists; nullifying the Knesset’s law permitting the demolition of the homes of terrorists; and setting the standards on a case-by-case basis for targeted assassinations of terrorist chieftains.

Barak even invalidated the Knesset’s repeal of the “Family Reunification Law” that had permitted Israeli Arabs to marry spouses from Judea, Samaria and Gaza and enable them move to Israel proper. This law became, in effect, an underground railroad for terrorists as no fewer than 26 of these “spouses” were subsequently imprisoned for perpetrating murderous acts against Jews. Barak ruled that the law must remain in effect, as it would violate the human rights of Arabs not to be able to choose their spouses and have them live in Israel. (Of course, the women could have moved to the Gaza paradise to live with their basherts, but Barak did not consider that.)

And so on. Barak prided himself on ruling Knesset laws unconstitutional, a neat trick given that Israel has no written constitution. He paid lip service to Justice Robert Jackson’s famous dictum that “the Constitution is not a suicide pact” and to the idea that a government’s primary obligation is to protect its citizens. But Barak sees a higher value – protecting the abstract beauty of democracy and human rights (in which “judges are the experts”), notwithstanding the harm to the individual.

About the Author: Rabbi Steven Pruzansky is the spiritual leader of Congregation Bnai Yeshurun of Teaneck, New Jersey, and the author most recently of “Judges for Our Time: Contemporary Lessons from the Book of Shoftim” (Gefen Publishing House, Jerusalem, 2009). His writings and lectures can be found at www.Rabbipruzansky.com.


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 “A Glimpse Into The Mindset Of A Judicial Oligarch”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Israel Lebanon Peace Project Flag
UN Demands Israel Pay Lebanon $850 Million
Latest Indepth Stories
UN Flags

If the UN Grants national recognition to Palestine, why stop there? Tibet, Chechnya, Basque…

The annual  Chabad menorah lighting in Sydney has been called off this year because of the murders in the Lindt cafe.

The decision to not publicly light the Menorah in Sydney, epitomizes the eternal dilemma of Judaism and Jews in the Diaspora.

Greiff-112814-Men

Am Yisrael is one family, filled with excruciating pain&sorrow for losing the 4 kedoshim of Har Nof

Two dreidels from the author’s extensive collection.

What is its message of the dreidel?” The complexity and hidden nature of history and miracles.

Police play down Arab terrorism as mere “violence” until the truth can no longer be hidden.

The 7 branches of the menorah represent the 7 pillars of secular wisdom, knowledge, and science.

Obama obtained NO verifiable commitments from Cuba it would desist from acts prejudicial to the US

No one would deny that the program subjected detainees to less than pleasant treatment, but the salient point is, for what purpose?

For the past six years President Obama has consistently deplored all Palestinian efforts to end-run negotiations in search of a UN-imposed agreement on Israel.

It’s not an admiration. It is simply a kind of journalist fascination. It stands out, it’s different from more traditional Orthodoxy.

For Am Yisrael, the sun’s movements are subservient to the purpose of our existence.

Israelis now know Arab terrorism isn’t caused by Israeli occupation but by ending Israeli occupation

Anti-Semitism is a social toxin that destroys the things that people most cherish and enjoy.

Amb. Cooper highlighted the impact of the Chanukah/Maccabee spirit on America’s Founding Fathers

More Articles from Rabbi Steven Pruzansky
Torah-Hakehillah-121914

The travail of Yosef was undoubtedly the greatest trauma of Yaakov’s life, which certainly knew its share of hardships.

Pruzansky-Steven-NEW

The brilliance of Yaakov’s approach – and by extension, any type of individual or group effort – is that it appealed to three different modes of salvation.

There is a certain unwordliness to the pope’s call for a two-state solution, an obliviousness to the reality on the ground.

One can’t only take; one must give as well. Giving – not taking – is the essence of the righteous person.

Much of what we know about 19th century Orthodoxy is false, including the provenance of the term Orthodox.

A president who today used the language of FDR or JFK would be derided. If he were a candidate, the media elites would bury his chances of winning the election. He would be a laughing stock to the aimless young people whose uninformed opinions on public affairs seem to matter more than they should.

With the constant drumbeat of articles about “Orthodox” female rabbis appearing in the media almost weekly – essentially the same articles making the same points to the same eager audience, all to make the phenomenon of such “rabbis” seem commonplace – it is important to take a step back and examine how we arrived at this destination.

The Wall Street Journal last month featured a front-page article titled “After These Jewish Prayer Services, Things Come ‘To Life’ at Open Bar,” with the sub-heading, “To Woo Worshippers, Synagogues Compete with Food and Booze.”

Printed from: http://www.jewishpress.com/indepth/opinions/a-glimpse-into-the-mindset-of-a-judicial-oligarch-2/2007/12/27/

Scan this QR code to visit this page online: