web analytics
March 29, 2015 / 9 Nisan, 5775
At a Glance
InDepth
Sponsored Post


Home » InDepth » Op-Eds »

Israel’s Out-Of-Control Judiciary


 Sunday morning Israel Radio reported that a delegation of judges met with Justice Minister Chaim Ramon and demanded that he defend them from what they consider to be unprecedented media attacks against them.

      The meeting with Ramon took place on the same day the Supreme Court went a step further in its usurpation of the power of the people’s elected representatives in the Knesset to set the law of the land. In yet another breathtaking act of judicial legislation, the Court Sunday demanded that the Knesset show cause why its 2004 law permitting the operation of privately run prison facilities does not breach the Basic Laws regarding individual rights and the delegation of powers by the government.

      In so acting, the Court effectively named itself the ultimate arbiter of the wisdom of Israel’s economic policies as set by the people’s elected leaders in the government and the Knesset. This it did on the basis of a petition from a group of law teachers who in any normally functioning democracy would have no standing before the Court because they are neither directly nor indirectly impacted by the law.

      The justices’ demand for Ramon’s protection from criticism also came the same day that Justice Ayala Procaccia overturned the rulings of two lower courts to free a 14 year-old girl from Hebron who was arrested last week while protesting in Hebron. Procaccia ordered that the girl be kept in jail until the completion of proceedings against her.

      This is the same Justice Procaccia who last summer ordered that three other girls aged 13, 14 and 16 – Moria Goldberg, Chaya Belogrodsky and Pnina Ashkenazi – be held in jail until the completion of proceedings against them for their “crimes” of protesting the expulsion of Israelis from Gaza. They were held in jail for three months even though the maximum sentence for the charges they were being held for was a monetary fine. At the time, Procaccia announced her agreement with the State prosecutors’ view that the girls constituted a “danger to the society because of [their] ideological motivation.”

      It is unclear whose criticism the judges want to be protected from. Perhaps the judges sought Ramon’s protection from their own colleagues on the bench. Last month in an interview with Haaretz, retiring Justice Mishael Cheshin had this to say about Chief Justice Aharon Barak’s view of human rights: “He is ready for 30, 50 people to be blown up – but we will have human rights.”

      Of Barak’s view of the Court’s oversight of the Knesset Cheshin said, “For Barak, if the Knesset passes a law by a majority of a hundred to two, he can come and assert that the law is annulled.”

      Cheshin attacked his colleagues on the Court collectively when he strongly hinted that his fellow justices’ political views were what kept them from overturning Attorney-General Menachem Mazuz’s decision last year not to indict then prime minister Ariel Sharon and his son Gilad on corruption charges.

      Of Mazuz’s decision to close the investigation of the so-called Greek Island affair Cheshin said, “I can say only that when someone gets $600,000 and the promise of $2 million more for surfing the Internet, [Gilad Sharon’s payments from businessman David Appel] one has to be a fool to think that he really received the money for that work.”

      Of his colleagues’ decision not to overturn Mazuz’s decision he noted, “If Sharon had stood trial, there would have been no disengagement [from Gaza and northern Samaria].

      Sadly, the ideological conformity and anti-democratic tendencies that Cheshin admitted plague the Supreme Court extend throughout the judicial system and state prosecution. The widespread nature of the problem was brought to the fore in three separate cases last week.

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 Out-Of-Control Judiciary”

Comments are closed.

Current Top Story
PLO / PA / Fatah leader Mahmoud Abbas.
PA Back Down on ICC in Exchange for Frozen Tax Revenue
Latest Indepth Stories
Father Gabriel Naddaf with soldiers

My beliefs & actions have led to numerous death threats against me; my excommunication by my church

Islamic Relief Worldwide Logo

In November 2014, Islamic Relief Worldwide was classified as a terrorist organization by the United Arab Emirates.

Safran-032715

Too rarely appreciated for its symbolic weight; it can represent freedom and independence.

Erica Pelman is a spiritually-driven woman. She is founder and director of “In Shifra’s Arms” (ISA), an organization that offers aid to pregnant Jewish women of all religious backgrounds practically, financially and emotionally. Its arms are open to any pregnant woman in need whether single, divorced, separated, or from a financially-strapped family. “Presently, we are […]

Many so-called “humanitarian NGOs” frequently abuse Israel by applying false moral equivalencies

Israeli history now has its version of “Dewey Defeats Truman” with headlines from 2 anti-Bibi papers

In God’s plan why was it necessary that Moses be raised by Pharaoh, away from his own family&people?

In their zechus may we all come to appreciate that life is a fleeting gift and resolve to spend every precious moment of it as if it were the last.

In any event, Mr. Netanyahu after the election sought to soften his statement on Palestinian statehood and apologized for what he conceded were remarks that “offended some Israeli citizens and offended members of the Israeli Arab community.”

A worthy idea any way you look at it.

There is something quite distinctive about the biblical approach to time.

The Waqf kept control of the Temple Mount due to Dayan’s “magnanimity in victory” after 6 Day war

The event promotes “1 state” solution (end of Israel as a Jewish State), BDS, lawfare against Israel

I rescued you?! You’re doing me a favor letting me help you!

More Articles from Caroline B. Glick
Mahmoud at an event hosted by the children of Palestine to support the efforts of the Palestinian leadership at the United Nations, in the West Bank city of Ramallah,October 1, 2011.

On November 24 Palestinian Authority Chairman and Fatah leader Mahmoud Abbas is scheduled to meet Hamas leader Khaled Mashaal in Cairo.

Last week at the UN, President Obama did something he had never done before. He discussed Israel and the Palestinians without once attacking Israel. He didn’t blame Israel for the absence of peace.

Imagine if 100 million Americans participated in the Tea Party movement. And then imagine that the movement had no impact on American politics. Finally imagine that in the wake of the Tea Party movement, Republicans embraced President Obama’s positions on spending and taxation.

According to Israel Army Radio, Prime Minister Netanyahu has offered to extend the moratorium on Jewish property rights in Judea and Samaria for an additional three months in exchange for Jonathan Pollard’s freedom. That is, if Obama pardons Pollard, who has served 25 years of a life sentence for transferring classified documents to Israel, then Israel will agree to extend the ten-month moratorium on Jewish construction in Judea and Samaria, due to expire next week, for another three months.

According to Israel Army Radio, Prime Minister Netanyahu has offered to extend the moratorium on Jewish property rights in Judea and Samaria for an additional three months in exchange for Jonathan Pollard’s freedom. That is, if Obama pardons Pollard, who has served 25 years of a life sentence for transferring classified documents to Israel, then Israel will agree to extend the ten-month moratorium on Jewish construction in Judea and Samaria, due to expire next week, for another three months.

In a much discussed article in the current issue of The American Spectator titled “America’s Ruling Class,” Prof. Angelo Codevilla describes the divide between those who run the U.S. – the politicians, bureaucrats and policy establishment – and the rest of the country.

In a much discussed article in the current issue of The American Spectator titled “America’s Ruling Class,” Prof. Angelo Codevilla describes the divide between those who run the U.S. – the politicians, bureaucrats and policy establishment – and the rest of the country.

Iran is on a winning streak. As it sprints towards the nuclear finishing line, it finds itself – and its allies and clients – being wooed by one and all. In contrast, Israel has never been more isolated.

Printed from: http://www.jewishpress.com/indepth/opinions/israels-out-of-control-judiciary/2006/06/21/

Scan this QR code to visit this page online: