web analytics
November 1, 2014 / 8 Heshvan, 5775
At a Glance
News & Views
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Bills to ‘Balance the Power’ of the Court Doomed – for Now

The US enjoys a “check and balances” system of legislative, judicial and executive powers. In Israel, the leftwing keeps an imbalance. The rightwing is too immature to succeed to pass a bill to change it.
Bills to restore the balance of power in Israel will be fought by the not-so-judicial left.

Bills to restore the balance of power in Israel will be fought by the not-so-judicial left.

Two Knesset Members, one from the Likud and one from the Jewish Home party, are proposing bills to check the powers of the Supreme Court, which has moved Israel towards a judicial state in the past two decades.

The elitist leftist and anti-religious media already have begun fighting the proposals, which are doomed from the start, but the legislative initiative is an important step towards the day when a wider popular demand will require a restoration to some kind of normalcy.

The new bills would change the “clubhouse” system of electing Supreme Court judges and its president and make it easier for the Knesset to circumvent Supreme Court decisions that arbitrarily strike down Knesset laws.

Polls have shown a strong trend towards mistrust of the judicial system, but it is doubtful that nationalists can overcome their image, sometimes deserved and sometimes undeserved, of trying to be just as authoritarian as the left-wing infrastructure of the Israeli establishment.

The judicial “revolution” began in Israel 18 years ago with the Supreme Court presidency of Aharon Barak, whose brilliant legal mind was located mainly on the left side of his head.

The Supreme Court’s function in Israel couldn’t be any further from its counterpart in the United States, where the court handles approximately 100 cases a year. In Israel the number is around 12,000, and that is not a typo.

The U.S. Supreme Court considers a case only when there is a question of interpretation of the law and if someone stands to be harmed by it.

Barak expanded the area of judicial authority to include virtually every social, religious and political issue, regardless of whether an individual could be harmed. He exploited the Knesset’s “Basic Law: Human Dignity and Liberty” as an excuse to examine every appeal, putting the court in a position of actively shaping the law instead of simply solving disputes.

He wrote in an article in 1992, “There are no areas in life which are outside of law,” a sign of a grab of power that never would have been tolerated had it been expressed by a nationalist or a religious Jew.

Barak’s revolution can been seen by his interference in the Knesset law that once exempted yeshiva students from serving in the IDF. The Supreme Court in the 1970s decided not to rule on a petition again the exemption, stating it was a political question. A similar case reached the court in the 1981, when it decided that the solution to the “public issue” did not rest with the judiciary.

Along came Barak in 1986, when he ruled the  issue was within the court’s jurisdiction.

He used the Basic Law as a vehicle to equate a “Jewish state” with a “democratic state,” with a decided emphasis on “democracy” at the expense of Judaism.

Barak anointed himself as a Torah sage and rabbi shortly after the Basic Law was passed and stated in a speech at Haifa University, “The basic values of Judaism are the basic values of the state. I mean the values of love of man, the sanctity of life, social justice, doing what is good and just, protecting human dignity, the rule of law over the legislator and the like, values which Judaism bequeathed to the whole world. Reference to those values is on their universal level of abstraction, which suits Israel’s democratic character, thus one should not identify the values of the state of Israel as a Jewish state with the traditional Jewish civil law. It should not be forgotten that in Israel there is a considerable non-Jewish minority.”

The court, under Barak, struck down Knesset laws based on his interpretation of the Basic Law, which by his wishful thinking often contradicted Jewish Law that previously had served as a cornerstone of decisions.

For example, he decided that Rabbinical Courts must apply the doctrine of joint matrimonial property based on his outlook that a disputes  from a divorce are a result of an agreement between a husband and a wife and not a result of the act of marriage.

Backed by a jubilant media under the dominance of the Yediot Acharonot newspaper and the misnamed Voice of Israel radio network, the court has consistently ruled in favor of Peace Now and Palestinian Authority petitions against Jews, putting the burden of evidence on Jewish ownership of land in Judea and Samaria on Jews even if there is no  proof of ownership by Arabs.

About the Author: Tzvi Ben Gedalyahu is a graduate in journalism and economics from The George Washington University. He has worked as a cub reporter in rural Virginia and as senior copy editor for major Canadian metropolitan dailies. Tzvi wrote for Arutz Sheva for several years before joining the Jewish Press.


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 “Bills to ‘Balance the Power’ of the Court Doomed – for Now”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Yehudah Glick on the Temple Mount.
Yehuda Glick’s Condition Stabilizing, “He Was Very Lucky” (1:00 PM)
Latest News Stories
Raining in Jerusalem

Starting the 7th of Cheshvan in the Jewish calendar, Jews in Israel will start inserting the formal request for rain in the 9th blessing of the Amidah prayer.

Yehudah Glick on the Temple Mount.

Doctors are predicting minimal long-term disability to Yehudah Glick following surgery today.

Ikea Instruction

Sweden and John Kerry would make wonderful partners to get lost in the same maze.

Little Heroes

Pictured is an IDF ceremony for graduates of the “Little Heroes” foundation, which works to integrate kids with special needs in society, on October 30, 2014. The annual ceremony is in cooperation with the Logistics Corps in order to strengthen the connection between the IDF and the special needs community.

“It’s serious, there are now genuine questions being asked about whether we will be able to vote Labor next May.”

Does that mean Kerry also will stay away?

He is not in a coma and may undergo another operation today.

Israel’s anti-Netanyahu media might regret their wishes if early elections are held.

Authorities in Peru this week arrested a suspected Hezbollah terrorist who planned to murder Jews. Lebanese citizen Mohammed Hamden was in possession of explosives and other materials when he was arrested, according to the Peruvian Interior Ministry. Police found traces of TNT, detonators and other explosive devices in his apartment. Reports indicate that the suspect […]

Israel decides not to go ahead with huge military purchase from U.S., likely to provoke rumors of continuing feud.

Highlight: Exclusive Interview with Rabbi Yehuda Glick at the Foot of the Temple Mount.

Doctors reported as of 8 p.m. (2 p.m. EDT) Thursday night that there is a “very small” improvement in the condition of Yehuda Glick, gunned down by an Arab terrorists Wednesday night, but that he still is in critical condition and his life remains in danger.

Foreign Minister Lieberman may be playing “chicken.” What happens if France follows Sweden?

Conference of Jewish groups chided the Obama administration for the nasty comments made about Bibi.

More Articles from Tzvi Ben-Gedalyahu
Ikea Instruction

Sweden and John Kerry would make wonderful partners to get lost in the same maze.

The Western Wall - American government officials barred from visiting on Friday.

Does that mean Kerry also will stay away?

He is not in a coma and may undergo another operation today.

Israel’s anti-Netanyahu media might regret their wishes if early elections are held.

Foreign Minister Lieberman may be playing “chicken.” What happens if France follows Sweden?

Abbas didn’t even condemn the shooting of Temple Mount activist Yehuda Glick.

Printed from: http://www.jewishpress.com/news/bill-to-balance-the-power-of-the-court-doomed-to-death-for-now/2013/10/20/

Scan this QR code to visit this page online: