Sunday, February 19, 2023

It's lovely to see, that they are Israelis who are against this right-winged parliament! Cause the world is shocked about the choice that Israel made in their elections.

Why is there a debate about Judicial Reform in Israel

Israel is the only democracy in the world with a 'constitution' that was determined not by its founders, citizens or representatives, but by an activist Court unabashedly expanding its power on the flimsiest of excuses.

The 2 Basic Laws enacted in 1992, which Chief Justice Barak used to justify his constitutional revolution, were passed shortly before elections, with almost zero parliamentary discussion.

They were passed by a simple majority, with not even half the Knesset bothering to vote.

The second Basic Law received a grand total of 26 votes, out of the 120 member parliament! (The 1st received 32 votes.).

Several of those promoting these Laws in the Knesset explicitly declared that they were *not* intended to grant the Court any additional powers. 

Yet in 1995, Barak used these laws, in the 'Mizrahi' case, to invent the notion that Israel now had a Constitution & therefore the Court could overturn legislation & Govt actions.

This revolutionary ruling was issued 5 days after the murder of PM Rabin-while Israel was busy mourning.

Any objective observer reading Barak's 'Mizrahi' decision comes away with the sense that it is not an example of convincing legal argument, but a power grab by an elitist legal establishment.

The Israeli Left, which repeatedly lost elections, supported this arrogation of power.

It use is of course legitimate to debate details of the Judicial Reform (I think parts should be modified) or to oppose specific political actors.

 But it's critical to understand the context & background of the debate, before throwing around slogans about the End of Israeli Democracy.

 

No comments:

Post a Comment