Showing posts with label Israel's Supreme Court Threatens Democracy. Show all posts
Showing posts with label Israel's Supreme Court Threatens Democracy. Show all posts

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.

Friday, December 16, 2011

Is The Israeli Supreme Court The Biggest Threat To Israel's Democracy?


by Jonathan Rosenblum
Jerusalem Post
December 9, 2011


In order to fully appreciate the absurdity of Court President Dorit Beinisch's charge that even the most minimal proposed changes in Israel's method of judicial selection represent an attempt to undermine "the democracy upon which our society rests," one need only know one fact: Israel's method of judicial selection is absolutely unique in the democratic world.

No other system gives so much power to sitting Supreme Court justices to choose their future colleagues and successors. Only India among the world's democracies also gives sitting justices a role in the judicial selection process. Are all the rest, then, not really democratic? Even by Israeli standards that claim of the unique wisdom of our system reflects a remarkable degree of hubris.