Monday, March 26, 2012

Yedidya Atlas: The Strange Case of Migron

By: Yedidya Atlas

Some years ago, a national-religious organization whose public operations had been authorized by Knesset Law found itself being challenged by the Leftwing MK’s who lost the Knesset vote in Israel’s Supreme Court – then at the height of the judicial regime of Chief Justice Aharon Barak. The legislative losers knew that even though they democratically lost the vote by a significant majority in Israel’s legislative body, they could count on the Supreme Court to ultimately cancel democratic Knesset votes if it wasn’t in line with acceptable leftwing politics.

The astounded directors of the aforementioned organization went to a top lawyer in Tel Aviv to represent them in their defense in the Supreme Court case. Said lawyer, unlike his clients, was secular and not politically to the right. Nonetheless, as befits a proper lawyer, he took the case and committed himself to present the best defense possible for his clients. In this case one might have thought it an easy task; the Law was clearly on their side. However, this lawyer who had spent two decades in illustrious government service prior to going out to the private sector, warned his clients that while he could produce a 400 page defense which proved their case, he could only buy them time as in the end they would lose irrespective of the fact that legal justice was on their side.

He patiently explained to them that the Supreme Court’s judges do not necessarily issue their ruling based on legal truths, but all too frequently on the basis on what will be acceptable with whom they drank coffee with and socialized Friday nights. Or simply put, politically correct trumped legal justice. This sad state of affairs has apparently not significantly improved since the hyper-activist days of the Aharon Barak legal dictatorship.

Continue reading Something is Rotten in the State of Israel: The Strange Case of Migron
The author is a veteran journalist specializing in geo-political and geo-strategic affairs in the Middle East. His articles have appeared in such publications as The Wall Street Journal, The Washington Times, Insight Magazine, Nativ, The Jerusalem Post and Makor Rishon. His articles have been reprinted by Israel’s Ministry of Foreign Affairs and in the US Congressional Record.

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