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October 22, 2016 / 20 Tishri, 5777

Posts Tagged ‘Ayelet Shaked’

Justice Minister Shaked Issues Manifesto on Jewish Democracy, Based on the Teachings of Chief Justice Barak

Wednesday, October 5th, 2016

“The Knesset is attempting to legislate away our lives and the High Court is invading territory to which it is not entitled,” declares Justice Minister Ayelet Shaked (Habayit Hayehudi), in a lengthy but exciting essay in the inaugural issue of Hashiloach, an Israeli Journal on thought and policy. The essay, titled “Tracks toward Governing” (the Hebrew title is a play on words between Mesilot-tracks and Meshilut-governance), suggests that the behavior of some of Israel’s branches of government is threatening individual freedoms as well as the ability of elected officials to govern. Shaked is urging a return, as soon as possible, to the proper governing on the proper tracks, from within Israel’s definition as a Jewish and democratic state.

“Good governance is not a blind force, certainly not a strong but silent engine,” writes Shaked, stressing that “the ability to carry out goals in the way they have been defined is a prerequisite condition for good governance, but is far from being sufficient in itself: good governance is measured above anything else by the ability of government ministers to establish their own goals.”

“A politician who knows how to bring the train to its destination, but is unable to set the destination, as senior as he may be — is not governing but merely subcontracting; he may have been appointed Minister, and he may get to cut ribbons in the end, but he is nothing more than a contractor,” Shaked argues. “To move down a track laid down by others does not require leaders; any driver could do it just fine. The essence of governance is always setting down directions and posting goals. This requires of elected officials to lay down new tracks only after they had decided for themselves where they would like to take the train.”

Shaked asserts that every time the Knesset votes in favor of any given law, it is also voting against the freedom of individuals to take care of their issues on their own. She calls it a vote of no confidence in the autonomy of communities and individuals. Indeed, as Chair of the Ministerial Legislative Committee, Shaked laments that she has processed more than 1,500 legislative proposals, from amendments to existing laws to fully realized, new bills. Suggesting the Knesset is by far the most prolific parliament in the entire Western world, Shaked describes this abundance of new laws as a hospital that’s being built underneath a broken bridge to care for the people who fall off.

Referring to economist Milton Friedman’s impressions following his visit to Israel in the 1960s, when he predicted that the historic spirit of Jewish freedom would eventually overcome the newly bred spirit of Socialist bureaucracy in Israel, Shaked admits she’s not so sure Friedman was right. “Without our firm push on the brake pedal of this locomotive, week in and week out, those legislative proposals would have created for us an alternative reality, in which government controls the citizens through the regulation of more and more economic sectors, with the individual being left with precious little freedom to manage his own affairs.”

Shaked provides several examples whereby proposed legislation would have, for instance, created a world in which a landlord would be forbidden to raise the rent for several years. Of course, rents would soar on the eve of this new law going into effect, followed by a loss of interest on the part of investors in creating new rental stock, leading to a drop in available apartments and, of course, another rise in rents. It would also be a world in which employers must comply with pensions set by the legislator, until, of course, they go bankrupt. And a world in which police would be bound by a two-strike law that compels them to arrest any individual against whom someone has filed two complaints. Running down some of these “bizarre” proposals, as she calls them, Shaked eventually describes a proposal to compel the state to solve terrorism by distributing bulletproof vests to every citizen against knife attacks, as well as a proposal to eliminate the reference in the law to “Beit Av,” which is the Biblical term for Household, because it has a reference to a father rather than to a mother.

Shaked reports that she requested, for the 2017-18 budget, that the ministerial committee would no longer consider bills that add new criminal offenses to the law books, without a thorough investigation of similar legislation in other countries, of the ramifications of the new criminal law on the books in Israel’s society, and, most important — of existing, non-criminal alternatives.

Alongside the need to restrain the legislator, Shaked sees a dire need to restrain Israel’s expansionist Judiciary. She notes an ongoing war between the Supreme Court and the executive branch, which necessitates the passing of a new constitutional-level legislation (Foundation Laws in Israel’s system) to regulate once and for all this combative relationship. She cites several cases in which government was blocked by the high court in areas that are clearly the executive’s domain, such as the law regulating the treatment of illegal infiltrators from Africa, and the government contract with natural gas companies to exploit Israel’s rich deposits.

Shaked laments the fact that the Supreme Court so often usurps the right to kill an entire legislation, as if it had appointed itself the 121st Knesset Member (or more than that, since it so frequently joins with the opposition parties to defeat a majority coalition). She has no problem with individuals seeking remedy in the lower courts to damages they claim to have suffered from, say, the new gas contract. That’s a legitimate use of the court system. But how can the unelected high court delete an entire legislation passed by elected officials? Who, after all is said and done, is the sovereign, the people or their appointed judges?

As a result, the art of politics in Israel is practiced as follows, according to Shaked: first the different parties vie for the voter’s trust; then, in the Knesset, the coalition negotiates with and fights against the opposition over a proposed bill; finally, after the bill was passed, the opposition parties appeal it before the Supreme Court, which reverses it. That, in a nutshell, was the story of the natural gas bill earlier this year.


Woman of the Year 5776: Justice Minister Ayelet Shaked

Saturday, October 1st, 2016

The January 22, 2013 general elections in Israel marked the emergence of two new parties; one, journalist Yair Lapid’s Yesh Atid, was yet another attempt to grab the undecided center among Israel’s voters; the other, Habayit Hayehudi, was a coalition of National Religious parties led by hi-tech executive Naftali Bennett and his long-time political ally, a 30-something computer engineer from Tel Aviv named Ayelet Shaked, who stood out as the only secular Jew in an otherwise Orthodox Jewish party. Both parties did well, although Lapid’s party took seven more seats than Bennett’s (19 vs. 12). Both parties also represent new challenges to the current power status quo in Israel, with Benjamin Netanyahu’s Likud leading a right-leaning coalition government over an opposition being led by Labor (a.k.a. Zionist Camp).

At this point in the life of the 20th Knesset, the polls are showing Yesh Atid as the new largest party, siphoning off votes from Likud’s centrist voters and Labor’s more nationalistic supporters, as well as from Finance Minister Moshe Kahlon’s Kulanu party which barely passes the threshold percentage in the polls. At the same time, Likud is also being bitten on its right flank, by Habayit Hayehudi. And, also for the first time, the National Religious leader Naftali Bennett has been speaking openly about his ambition to be Israel’s next prime minister, at the helm of a rightwing, pro-religious, pro-settlements government.

That ambition is a new thing to a party that, since its incarnation as NRP in 1956, has always seen itself as a second banana, always in government, be it with leftwing or rightwing majority parties, but never at the helm. And while Chairman Bennett has been outspoken about his ambition to carve out a new direction for the country in the image of his party’s ideology, another Habayit Hayehudi leader has been giving the nation an idea of how a national religious government would carry out its agenda — Justice Minister Ayelet Shaked.

Since the end of the 1990s, it has become clear that Israeli Jews are only going to become more traditional, even religious, and, consequently, the chance for a left-leaning party to receive the largest percentage of the vote will continue to grow dimmer. But while political positions have been given by the voter to rightwing governments, key decisions on issues that are close to the heart of the same rightwing voters have continued to lean to the left. This has been most notable in the liberated territories of Judea, Samaria and Gaza, where evictions of Jewish settlers have been carried out over the past decade and a half by rightwing-led governments, and those same governments have been refusing to implement Israeli civil law in Jewish communities hat have been living under martial law since the 1970s.

This is because the judiciary in Israel has been ruling as a shadow government, unelected and with a leftwing, secular agenda. In addition, Israel has had the most activist supreme court anywhere in the West, a court that has seized for itself powers well outside the norm in countries that uphold the principle of three branches of government. In countless cases, the high court has acted as a legislator, siding with the opposition against a ruling government (the recent vote on exploiting Israel’s natural gas come to mind, when the court torpedoed a government signed contract with US and domestic companies). The judiciary has also had its hand on the executive branch through the Attorney General and the legal counsels who are appointed to every ministry, and who often force the hands of elected officials using the threat of legal action against them.

The appointment of Ayelet Shaked to be the Minster in charge of this judiciary stronghold of the real power in Israeli society was received with a great deal of alarm and trepidation in the leftwing media, which called her “Israel’s Sarah Palin,” and accused her of inciting the mobs against the Supreme Court justices, “as if she were the worst [Internet] talkbacker and not the minister in charge of the holiest holy of every democracy — its separate and independent judiciary.” (Uri Misgav, Haaretz, Aug. 11, 2015).

The attack came in response to the new Justice Minister’s tweet on the same evening the Supreme Court was convening to rule on a law designed to block infiltration of illegal migrants from Africa through Israel’s southern border. Shaked tweeted that the law had already been quashed twice by the court, causing the infiltration, which had been reduced to single digits, to grow to dozens of new border crossings.

“If the law is revoked a third time,” Shaked tweeted, “it would be tantamount to declaring south Tel Aviv an official haven for infiltrators.” She then added that, until the court’s ruling, she would upload every two hours a new video describing the “intolerable life conditions of south Tel Aviv residents,” urging her followers to spread the message.

The court took notice and restricted itself to a few minor corrections, mostly regarding the length of time an illegal migrant could be held in a locked facility until his case is resolved by the Interior Ministry. The court continued to take notice throughout Shaked’s first year in office, and has been noticeably mindful of the need to avoid unnecessary friction with a Justice Minister who is probably the most popular minister in Israel. How popular? In 2013 she was picked by the Knesset Channel as the summer session’s most outstanding MK, and in 2014 as the second most outstanding MK of the winter session. In 2015 the Jerusalem Post ranked her 33rd on its list of the most influential Jews in the world. In 2015 she was ranked by Forbes Israel as the fifth most influential woman in Israel. And in 2016 Lady Globes ranked her second on its list of 50 most influential women.

Most importantly, Minster Shaked has afforded Israelis a view of a nationalist, rightwing politician who can be trusted to run the country’s third most complex system, after Finance and Defense. As Justice Minister, Shaked also chairs the ministerial legislative committee which decides which bills receive the backing of the government. Her role is comparable to that of the Senate Majority Leader and the Speaker of the House, in terms of influencing the legislative process. And the fact that she has been a competent, creative and resourceful Justice Minister might suggest to people in the secular center and right of center that her and Bennett’s party is worthy of their vote.

Shaked and Bennett are in troubled waters currently, over the fate of Amona, a Jewish community in Judea and Samaria that the Supreme Court has slated for demolition by early December, 2016, over claims to ownership of the land by Arab PA residents. The fact is that no one on the right in Netanyahu’s government believes that Amona could be saved, which Defense Minister Avigdor Liberman stated openly. Shaked wants to see the residents being relocated to a nearby plot of land, that could turn out to be just as problematic. But both Bennett and Shaked are also interested in advancing new legislation that would compel future claimants to settle for fair market value or comparable land from the Israeli government. At stake are an estimated 4,000 homes, the bulk of which were built as part of a government sponsored settlement program. The Supreme Court has rejected these “arrangement law” initiatives, and the current AG, Avihai Mandelblit, also objects to them, even though he himself is on the record as supporting them in the past.

For now, Shaked and Bennett are under attack by their voters, who cannot believe that a government that is as rightwing as this one would still engage in the forceful removal of Jews from their homes. And the last thing Shaked and Bennet want is to be forced to resign from Netanyahu’s government over this dispute.

Shaked, like Bennett, is a vehement enemy of the two-state solution. But she is also a liberal when it comes to many legislative initiatives. She has fought court activism; she objected to imposing jail sentences on Yeshiva students who refuse to enlist; and she supports a free and open market and reducing state regulations of businesses. She also believes in cutting down on new laws.

Noting that her government legislative committee has processed over the past year and a half no less than 1,500 new legislative proposals, Shaked wrote an op-ed in the right-leaning website Mida, saying that “every time the Knesset puts its faith in a new law intended to serve a worthy cause and solve a social or economic problem, we are, in effect, raising our hands to support a vote of no confidence. … It’s a vote of no confidence in our ability as individuals and as communities to manage ourselves in a good enough manner; it’s a vote of no confidence in the wisdom of the nation and of each person to create and preserve mechanisms that are better than those which are designed artificially by experts; it’s a vote of no confidence in the ability of familial, social and economic communities to run their own lives and strive successfully to reach their goals.”

Spoken like a true, sane Libertarian. And a Libertarian who knows how to combine the principles of freedom with the ideals of nation and Torah — could make one fine prime minister some day. Which is why we believe 5776 was the year of Ayelet Shaked.


‘BDS is the New Face of Terrorism’ Says Justice Minister Ayelet Shaked

Monday, September 19th, 2016

Justice Minister Ayelet Shaked told the Jewish National Fund in New York on Sunday that the Boycott, Divest and Sanctions movement is the new face of terror.

Shaked, a top official with Israel’s Bayit Yehudi party, addressed the JNF Conference in New York on Sunday, speaking on the issue of the BDS Movement and how its activities impact Israel in daily life. She condemned the movement, likening its activities to the tunneling of the Hamas terrorist organization in Gaza.

“The BDS movement is digging tunnels to undermine the foundations and values of Israel,” she said. “We have to stop these tunnels as well.”

The movement constitutes an existential threat at its core, she added. “Supporters of the BDS movement are attempting to destroy our very right to exist. They refuse to accept our most natural, basic and simple right: the existence of the State of Israel.”

Regardless of what mask terror wears, she said, one simple truth stands out: “You cannot defeat the enemy unless you call it what it is. That is why I am not afraid to do so. We are fighting Islamic extremism,” she said pointedly, underscoring a fact that has not once been uttered during the entire eight years of the entire reign of the the Obama administration.

Hana Levi Julian

Sharp Rightwing Criticism of Supreme Court Ruling on Demolishing Gush Etzion Homes

Friday, September 2nd, 2016

Following a Supreme Court Ruling Thursday ordering the evacuation and demolition of 17 structures in the Netiv Ha’Avot outpost in Gush Etzion, rightwing politicians called for a Regulation Act that would set out to legalize thousands of Judea and Samaria properties about which there are now or may be future claims. The general outline of the proposed regulatory legislation will authorize the Israeli government to compel proven claimants to receive market-value compensations, in comparable land or in money. A coalition move back in July to start work on the Regulation Act was thwarted by the AG Avihay Mandelblitt, who said the law is not constitutional and would be knocked down by the high court on appeal.

Thursday’s ruling, by a three-judge panel, evoked sharp criticism on the right, with Habayit Hayehudi Chairman Naftali Bennett condemning the ruling, saying extreme leftwing elements who have given up on their ability to ever persuade the people to accept a Palestinian State in Judea and Samaria are bypassing the public and usurping the legal system to force their policies on the majority. “When the Supreme Court collaborates with them this erodes the public trust in the court,” Bennett warned.

Minister Zeev Elkin (Likud), who is a resident of Gush Etzion, said the high court’s “scandalous decision” constitutes the crossing of red lines, revealing the court’s utter disconnection from common sense and from the historic values and the legacy of the nation of Israel. Elkin called on Justice Minister Ayelet Shaked (Habayit Hayehudi) to lead a far-reaching reform to regain the public’s trust in the Supreme Court.

Thursday’s ruling was an uncompromising order to destroy homes that “were built illegally on private lands.” Considering the fact that the ruling required forcing residents out of their homes, and the large number of homes in question, Court President Justice Miriam Naor gave government and the residents 18 months to prepare for the evacuation/demolition.

Naor wrote that the court ignored on principle the fact that the outpost had been established with government endorsement and support, saying government does not enjoy a special status when it comes to standing before the high court. “In the judicial process government is equal to other litigants,” Naor emphasized, adding that the fact that government had been aiding in a long-term illegal enterprise does not make it kosher.

According to the petition by Peace Now, which dug up the Arabs who are now claiming to be the original owners of Netiv Ha’Avot, the lands of the Al-Khader village near Bethlehem and Gush Etzion, in Judea, had been undergoing regulation by the Jordanian government at the time the IDF conquered the land in June 1967. The Israeli court opted not to rule whether or not the Jordanian government had the legal authority to carve up and hand out the land to local Arabs, land it had acquired through an act of war, invading the “West Bank,” including Jewish Gush Etzion, in 1948.

Davidi Pearl, who heads the Gush Etzion Regional Council, responded to the High Court’s decision saying the court had opted to belittle the government which had presented a vast array of legal alternatives that had been confirmed by the AG. Pearl called on the government to act immediately to enact a law to protect the honor of the Israeli government and the Judea and Samaria residents who had acted in good faith with the government’s encouragement.


Agriculture Minister: Israeli Farmers Will Export Cannabis in Two Years

Sunday, August 28th, 2016

Agriculture Minister Uri Ariel (Habayit Hayehudi) is planning for Israel to begin exporting medical cannabis, Cannabis Magazine reported on Sunday. Referring to the new experimental cannabis farm at Israel’s Volcani Institute for Agricultural Engineering, Ariel promised that “within two years we will have a regulated protocol for growing cannabis, at which point we’ll allow farmers to grow it.” Nevertheless, the minister would not refer to Cannabis as an agricultural product.

The program regulating the medical cannabis industry was approved by the Israeli government some two months ago. But because of the objections of Health Minister Yakov Litzman (UTJ), and despite the support of Justice Minister Ayelet Shaked (Habayit Hayehudi) and Finance Minister Moshe Kahlon (Kulanu), the program does not include approval for growing cannabis for export.

Unfortunately, cannabis growers in Israel are saying the only way they could afford to sell their product in Israel at a reasonable price is if they could raise most of their crops for export.

At the same time, the fact that the Volcani Institute is experimenting with Israeli cannabis suggests that eventually, when the time is right politically, Israeli cannabis might blow the competition out of the bong, since it is renowned for its agricultural research, focusing on plant sciences, animal sciences, plant protection, soil and environmental sciences, food sciences, and agricultural engineering, that have made Israeli farm products among the most prized in the world.

A sign announcing the launch of Israel's health ministry's medical cannabis center. / Photo courtesy Volcani Institute

A sign announcing the launch of Israel’s health ministry’s medical cannabis center. / Photo courtesy Volcani Institute

Over the weekend, Minister Ariel told Israel Radio that “the Agriculture Ministry is now devoting significant-size plots for experimentation and exhibition of cannabis growing,” in preparation for instructing Israeli farmers on the most efficient and productive methods of growing the plant. Ariel said he does intend to eventually reach a political consensus in the Netanyahu cabinet in favor of exporting cannabis. He expects the process of cultivating products, developing the proper protocol for growing and shipping, and getting political approval to take about two years, which means this could take place during the current Netanyahu government.


Israeli Government in Cantankerous Rancor over New Broadcasting Authority

Monday, August 1st, 2016

The Likud party has been attacking its coalition partner Habayit Hayehudi party over the memorable debate in Sunday’s cabinet meeting of the establishment of a new Israeli Broadcasting Corporation. The official announcement from Likud called Ministers Naftali Bennett and Ayelet Shaked the “favorites of the left and of [Yediot Aharonot owner] Noni Moses” who support the indefatigable efforts to harm the prime minister and the Likud rule. It was in response for Bennett’s and Shaked’s decision to abstain during the vote to postpone the date when the new corporation starts broadcasting.

One of the most celebrated quotes from Sunday’s debate, all of which reached unusually shrill tones, was from Likud Minister Miri Regev who reportedly cried out: “What’s the point in having a corporation if we don’t control it? The minister should be in control, or what, we’ll give money and then they’ll broadcast whatever they want?”

As the minister in charge of culture (and sport), Regev exhibited a particularly narrow understanding of freedom of the press and possibly of the entire concept of what a public corporation is. One of the fundamental principles of such corporations, outside Zimbabwe and, recently, Moscow, is that the ministers are strictly in charge of budgeting and monitoring public satisfaction of the corporation, but they are absolutely prohibited from dictating and controlling anything.

Internal Security Minister Gilad Erdan couldn’t help himself and made fun of the vociferous yet thin-skinned Regev. He told her, “Yes, live with it. There’s no law saying the public broadcasting authority will do what Miri Regev tells it to do.” The two Likud ministers continued to yell at each other (they both ranked in the top slots in the last Likud primaries), until Prime Minister Netanyahu had to shut them up.

Ayelet Shaked on Monday shot back at the Likud’s attack press release, saying that Likud should stop whining, and, anyway, they have their own daily newspaper (tycoon Sheldon Adelson’s pro-Bibi Yisrael Hayom).

Shaked was the second female politician in Israel yesterday who told a fellow lawmaker to stop whining. The other was Shelly Yachimovich, who said she’d had it up to here with her party chairman, Isaac Herzog’s whining about an insult she shot at him last May. She called him Bibi’s lap dog. He threatened to expel her.

But the media’s focus on Sunday centered on that cabinet meeting where Regev let the world know what’s her take on democratic institutions. And just to show you that you don’t have to know democracy to thrive in one, Miri Regev’s culture ministry on Sunday received control over the entire government advertising budget, which comes to about $80 million. That’s everything the Netanyahu government spends on ads, foreign and domestic, despite the fact that the bulk of those ads have nothing to do with the culture ministry.

Minister for Social Equality Gila Gamliel (Likud) told Army Radio on Monday that Regev’s statements were borderline fascistic and that she had warned Netanyahu none of those statements should be allowed to stick to the Likud party.

Incidentally, the reason the Netanyahu government has been attempting to establish a new broadcasting authority was because the current authority is considered inefficient and infested with leftists. But having been under the coalition gun for several years now, the IBA has gone a long way to become more efficient and to sprinkle all its high-ratings hours with rightwingers. So the Kol Israel one hears today is more balanced politically than what it was only a year ago.

Which is the reason Coalition Chairman MK David Bitan (Likud) announced Sunday that he was going to advance a new bill to dismantle the new public broadcasting corporation in favor of the one Israel has had since the British mandate (1948).

Finance Minister Moshe Kahlon summarized that unhappy cabinet debate in an interview with Army Radio, where he said, “This entire government has to go on vacation. They must urgently go on summer holiday, before the entire government would end up in hospital.”


New Israeli Law Compels Couples to Undergo Counseling Before Divorce

Sunday, July 17th, 2016

As of Sunday, a new Israeli law titled the Domestic Dispute Settlement Act requires couples to make an attempt to resolve their disputes through peaceful means before they can embark on divorce proceedings. The new law is the result of a collaboration between Justice Minister Ayelet Shaked (Habayit Hayehudi), Minister Yariv Levin (Likud), and MKs Shuli Moalem-Refaeli (Habayit Hayehudi), Merav Michaeli (Zionist Camp), and Aliza Lavie (Yesh Atid).

Minster Shaked said in a statement about the new law: “It is our duty to protect the children, and I’m sure this is what the parents want more than anything else. In the end they remain parents even when they are no longer a couple.”

According to the new law, before a couple is allowed to start divorce proceedings, the couple must engage in up to four meetings, at the state’s expense, to try to resolve their differences through peaceful mediation in order to avoid dragging their disputes to court. The couple’s first meeting will be in a therapeutic setting, without their attorneys present. During this initial meeting the support unit will determine the character of the next three meetings — whether the couple should engage in more therapy without their lawyers, or should move ahead to mediations, with their lawyers present.

The process of having the therapeutic and/or mediation meetings before being able to file for divorce will take 45 days.

MK Michaeli believes the new law will cut down the number of divorces in Israel. “The dispute will begin, instead of with courtroom wars, with a session at the nearby support unit, where the couple will arrive for four meetings at the state’s expense, completely confidential, where they’ll receive information on ways to manage their dispute without starting world war three and without tearing up their children,” MK Michaeli said.

Some couples who are already in the midst of their divorce proceedings have told Army Radio that the new law is ineffective and only complicates things. The new law is also not a favorite of divorce lawyers, who have been enjoying a bonanza in recent years, with the rate of divorce in Israel soaring.

Some women’s advocates have argued that in cases of a violent husband who beats up his wife and engages in vindictive action against her, the 45 days of therapy will only extend the woman’s suffering.


Printed from: http://www.jewishpress.com/news/breaking-news/new-israeli-law-compels-couples-to-undergo-counseling-before-divorce/2016/07/17/

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