Beinish oversteps her bounds

SEE: Lawmakers Slam Chief Justice’s Diatribe Against Reform

‘Politicians on incitement campaign against Supreme Court’

Speaking at annual conference, Supreme Court President Dorit Beinish castigated politicians, ministers for their ‘ongoing campaign to delegitimize, influence Israel’s judicial system’

Aviad Glickman, YNET

Her term as Supreme Court president may be coming to an end, but Justice Dorit Beinish is still doing battle over the character of the halls of justice she will be leaving behind.

On Thursday the gloves came off, and in an especially combative speech she attacked elected figures who seek to influence the character of the Supreme Court through laws that influence the make-up of its panels and declarations against serving judges.

She accused ministers and MKs of running an incitement campaign against the Supreme Court. “For a few years now there has been a campaign that is gaining momentum from year to year with the aim of weakening the justice system, the Supreme Court at its head.”

Beinish added that this a delegitimization campaign “led by a number of politicians, Knesset members and even government ministers, who take advantage of their immunity and give the public misleading information that has deteriorated to incitement against the court, its judges and against its rulings.”

Speaking at the annual conference of the Israeli Association of Public Law at the Dead Sea, Beinish said that she had warned against the trend to harm the Supreme Court and diminish its authority and by that “to undermine its ability to protect the democratic values of the State.” She added that “the writing was on the wall. The warnings were heard, but no one got up.”

Over the past few weeks the Knesset has passed a number of controversial proposals which aim to limit the Supreme Court.

One of the bills would give the Knesset’s Constitution Committee the right to vet Supreme Court candidates. Another proposal, dubbed the “Grunis bill,” would allow the appointment of a Supreme Court chief justice with only two years remaining until retirement.

Beinish also mentioned the role of Prime Minister Benjamin Netanyahu in blocking the bills that would change the face of the Supreme Court: “There is a great deal of importance to the fact that the prime minister declares the importance of the independence of the judges.

“As far as I know, he was also opposed to some of the proposals and blocked the ‘hearing bill’. I assume that the prime minister will continue to stand guard to the best of his ability. Still, as long as an ill wind is blowing, it is not enough to block one bill or another as this is an ongoing trend and not a sporadic struggle.”

Beinish emphasized: “Since the dark days of World War II, the world has known to learn the basic lesson. Democracy is indeed first and foremost the rule of majority, but democracy is also maintaining the essence of democracy, the basic values of respect, human rights and in Israel, simultaneously with all these, the values of a Jewish State.

“These are not empty words. These are the values at the heart of the defense of our existence and they are getting worn out in a campaign meant to see them extinct,” she said.

Meanwhile, in response to Beinish’s statement, Knesset Member MK Zeev Elkin (Likud) said that the Supreme Court president’s declarations show a lack of the basic understanding of democracy. “The president’s statements are a clear example of wild incitement against the Knesset,” said Elkin.

He added: “I respect the Supreme Court and see the institution’s major significance and the importance of its judicial independence; nevertheless, I will not be broken by a campaign of threats and intimidation.”

December 2, 2011 | 6 Comments »

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6 Comments / 6 Comments

  1. Well…
    More details are coming to light about the Beinish threats and insolent words off stage regarding our elected representatives and us all. The arrogant person barked that MK’s acting on behalf of those that elected them are hiding behind special immunity? Did she mean that the MK’s and growing masses of people that despise the system as it is would be sent by the item to jails or camps if she could? I hope she tries…
    Beinish must be removed immediately. It is high time to put that self appointed aggregate in place and that is retirement under warning pending legal actions against her and hers. It is enough of their vicious assaults to remain in control of what is not their authority to control.
    Out with Beinish now.
    NO ONE elected her except a connundrum of well oiled extreme left wing elements.
    She must be ejected now and a most stern review of all of those “elites” instituted.

  2. The beinish is leaving her self appointed role in February 2012.
    The new self elected president of that aggregate is purported to be much less of an idiot, arrogant jackass, abuser of non earned power, than the beinish is. While it would not take much to be so, it is some relief from the miasma left behind by the beinish.
    Lets sing the famous song from The Wizard of Oz sang in celebration of the Witch passing.

  3. It looks as though Dorit Beinish is beginning her “Assad Stand” against dethronement. Jabotinsky tried but failed to convince the Jewish people that the Arabs would never peacefully aquiesce to surrendering power to the Jews. He might as well have said the same about Beinish. Once she has been put in her place, Israel will be on its way to becoming a Jewish and democratic state. On the other hand, the Arabs haven’s been put in their place yet, so why should Beinish be? Both issues are up to the Jewish people to decide: Where Jabotinsky has failed, maybe Ted Belman can succeed.

  4. This is what happens when the Chief Justice Of Israel has unchecked and absolute power to name her fellow justices, lower court judges, name Israel’s Attorney General, vet government appointments and policies and overturn laws passed by the Knesset even though Israel’s Basic Laws have never specifically provided for judicial review. Its not that the Chief Justice is necessary a bad person. But in a democracy, there must be checks and balances and the courts, no more than the legislative and the executive branch, should be above the law. Beinisch’s statements will breathe new life into efforts to eliminate Israel’s judicial dictatorship, which is what truly threatens the independence of the judiciary and the rule of law in the Jewish State.