Israel Supreme Court is due for a makeover

Supreme Court “Gang” Heading Out, Says Leading Journalist

by Gil Ronen, INN

The ultra-leftist “Rehavia Gang” that has controlled Israel’s Supreme Court for 16 years is on its way out, says muckraking journalist Yoav Yitzchak, on the News1 website.

“The great revolution that many good people have been waiting for is taking place at this very moment,” Yitzchak told his readers. “The ‘Rehavia Gang’… is losing de facto control over the process of appointments to the most important bastion of all – the Supreme Court.”

The two most notorious representatives of the ‘gang’ – named after the pricey section of Jerusalem where most of its members reside – are present Supreme Court President Dorit Beinisch and her predecessor, Aharon Barak.

Barak was the father of the approach known as “judicial activism” which had as its motto “everything is justiciable.” Under his leadership, the court saw itself as an alternative government to the elected one, ruling certain laws passed by the Knesset unconstitutional (although Israel has no constitution yet) and striking down key decisions made by the Elections Commission. Beinisch continued in this line.

Beinisch completes her term on February 28, 2012 – less than nine months from today. Another veteran judge, Edmund Levy, will retire in October 2011.

According to Yitzchak, Justice Minister Yaakov Ne’eman is deliberately delaying the appointment of a replacement to Judge Ayala Procaccia, who recently retired. He intends to wait with the appointment until early 2012, because Beinisch’s influence will be on the wane by then. At that time, he will appoint three judges at a go, to replace Beinisch, Levy and Procaccia.

According to the Israeli Supreme Court’s seniority system, Beinisch will be replaced by Judge Miriam Naor. Naor is a more reasonable person and less of a schemer than Beinisch, explained Yitzchak, and Ne’eman believes he will be able to work more easily with her. She is also less of an enemy of the religious sector, he added. Her husband is Aryeh Naor, who served as Government Secretary under then Prime Minister Menachem Begin.

Polls show that public trust of the Israeli court system has plummeted sharply in the years since Barak’s appointment in 1995. A 2010 poll published by Haaretz indicated that less than one third of the population trusts the court system.
(IsraelNationalNews.com)

June 12, 2011 | 11 Comments »

Leave a Reply

11 Comments / 11 Comments

  1. A just and proper constitution does NOT in anyway empower “the majority”, nor does it allow the majority to “rule” over those in the minority. To the contrary, it protects individual rights to life and property by restricting the governments power and authority to enact laws that would infringe on those rights. Individual rights are thus secured, and the majority has no power to remove or diminish said rights. Always remember, democracy (majority rule) is best described by two wolves and one one lamb voting on what to have for dinner. It was often described by the founders of the U.S. and framers of it’s constitution as mob-ocracy. Israel needs to return to it’s original form of government, the one given it by God, which is a theocratic republic, having Torah law as it’s supreme law, or constitution, which just happens to fulfill the lofty goals of the framers, ennumerates the rights previously mentioned, provides the guidelines for governance, limits taxation, and so much more. It was in fact Torah law that was the basis for the U.S. Constitution, with adjustments provided for a secular, non-Jewish majority.

  2. Having a written constitution opens the door to judges who then interpret the constitution in accordance with their own political biases and overrule legislators by ruling their laws to be unconstitutional — or by finding “implied” rights in the constitution to legitimize acts that had previously been illegal. This has been true in the US at least since the New Deal, and has flourished in Canada since Trudeau “patriated” the constitution.
    Why would the Knesset want to go the same route, and how can the court rule that anything is unconstitutional when there is no constitution?

  3. SHmuel HaLevi says:
    June 13, 2011 at 3:59 pm

    Not only the so called supreme court is infested by JINO’s or unJews but also the state controlled radio & TV as well as certain universities such as Ben Gurion for example.
    All anchor and production folk are… of that extraction and it is clear as a bell that when that element allows… Jews into their programs, the game is set. ONLY if the IBA, which TAXPAYER supported, will open windows of control, full control, to anchor and production people part of the JEWISH majority here, that will change.
    What amazes me is that people do not even contest the fact that the “IBA” does not for the most provide consistent WEATHER forecasts for Yehuda and Shomron.
    From there to the infestation of the military and police is just as skip and a small jump.
    Turning a page on the supreme courtier ranks is a start but the people must take steps to reassume control via real democratic processes of the rest.

    I think you must be one of the 20-30 Israelis still watching IBA. Since nobody watches IBA and nobody under fifty listens to Reshet Bet, what difference does it make?

  4. Leftist IDF generals:

    In today’s arutz sheva website, an article appeared reporting that the IDF general in charge of Yesh considers all soldiers in his command who live in settlements, to be potential spies and traitors, working against the interests of “Israel and the IDF” in favor of the settlers.

    This guy was appointed by Ehud Barak with Netanyahu’s approval. He was chosen specifically for his hatred of settlers, so that he can “keep them in line”.

    Israel is polarized beyond reconciliation, into “Jews” and “Israelis who most resemble Hebrew-speaking goyim”. The leftist “Israelis” are in near total control, but demographics are inevitably shifting towards the right-wing “Jews”. The left retains disproportionate control despite being a numerical minority. It is enabled by the current secular right-centrist government of Netanyahu, which does not support Jews who believe in HaShem.

    But this status quo is unsustainable in the long term. Liberal Israeli “jews” who do not believe in Hashem and the Divine Mission of Israel, have no argument to justify their continued existence. Many of them have “evolved” to post-Zionism, and now feel their real reason for existence is to help destroy Jewish Israel from within, as their liberal allies in america and europe help destroy Jewish Israel from without. But eventually, they will disappear along with liberal atheistic america and europe.

  5. SHmuel HaLevi says:
    June 13, 2011 at 3:59 pm

    From there to the infestation of the military and police is just as skip and a small jump.

    The jump was made decades ago. The law enforcement, legal and judicial ranks of Israeli government need to be purged of the self-loathing Jews who control these positions of authority and order, so that loyal Jews can be free again in Israel.

    Right now, we’re one sick country.

  6. Not only the so called supreme court is infested by JINO’s or unJews but also the state controlled radio & TV as well as certain universities such as Ben Gurion for example.
    All anchor and production folk are… of that extraction and it is clear as a bell that when that element allows… Jews into their programs, the game is set. ONLY if the IBA, which TAXPAYER supported, will open windows of control, full control, to anchor and production people part of the JEWISH majority here, that will change.
    What amazes me is that people do not even contest the fact that the “IBA” does not for the most provide consistent WEATHER forecasts for Yehuda and Shomron.
    From there to the infestation of the military and police is just as skip and a small jump.
    Turning a page on the supreme courtier ranks is a start but the people must take steps to reassume control via real democratic processes of the rest.

  7. The “activist” – read politicised idology driven – Israeli Supreme Court is a stain on Israel’s adherence and respect for the law. It regarded itself as a body fit to over-rule decisions by a democratically elected knesset and as competent to rule in military matters. I will never understand by what right or reason it accepted the Arab complaint that a wall the IDF wanted to put up to prevent sniper fire, was too high. I can not understand why the knesset failed to pass legislation allowing, say a 2/3 majority, to over-rule its decisions. And I cannot understand how it could rule on matters in Judea and Samaria when the state had not annexed those areas; in doing so it established Israeli civil authority and responsibility. Unelected judges must be deprived of executive powers; they are paid to interpret legislation and possibly suggest new laws. But then of course, Israel is not only saddled by a dysfunctional court, but also by a dysfunctional legislature modelled on the Polish Sjem and an addiction to democratic tolerance. In most jurisdictions judges who attempt to rule or give unfair rulings are thrown out. And in most nations legislators who side with an enemy are tried for sedition. Israel is indeed unique!

  8. BlandOatmeal says:
    June 12, 2011 at 11:03 pm

    Israel has a deep pit, called the High Court, into which the blind Israeli public falls every day. In order to stop this, some have proposed warning lights.

    The High Court doesn’t need a makeover. Israel needs a constitution, similar to the US constitution (the only one in the world that has endured for over 200 years), so that the majority actually rules, politicians are answerable to their constituency rather than their party, and judges are dependent on the people and on other branches of government for their getting and holding office.

    Bullshit, stick to American politics ,where you are on somewhat firmer ground.

    Anarchy is best for dysfunctional systems and peoples. There is no trust for anyone here in public office or service. I want the power to be able to throw the bumbs out .

    Today’s political lesson from Yamit:

    There is a story about a wagon driver for one of the Rebbes in Europe. He was asked the difference between left and right in politics. As the wagon approached a pile of horse manure he said, “the wagon wheel splits the pile in two but the left half and the right half stink the same way”.

  9. Unfortunately, the Supreme Court is busy creating way too many “facts on the ground” with their Left, anti-zionistic, anti-Jewish daily veredicts. Often times nullifying governmental votes, when these are against their narrow interests, or aiding their implementation if they fit their narrow agenda. This is accomplished with total disregard of the will of the voter.
    Israel needs a Supreme Court where new judges to it are not appointed by existing members of the Supreme Court, but elected by the government through a vote. Where hearings of the candidates clarify their views on every single subject. (Much like it’s done in the U.S.). Ultimately, the Supreme Court of Israel should represent the overall values its society, with the guide of Torah, and not only the values of Meretz!!
    As far as I’m concerned, the change in the composition of the Supreme Court can’t come soon enough. Enough said.

  10. I don’t know Bland, it seems to me that the constitution is trampled upon every day in the US and that the judiciary there is complacent in allowing it to happen. We don’t need any of that over here. We need the Torah to be our guide.

  11. Israel has a deep pit, called the High Court, into which the blind Israeli public falls every day. In order to stop this, some have proposed warning lights.

    The High Court doesn’t need a makeover. Israel needs a constitution, similar to the US constitution (the only one in the world that has endured for over 200 years), so that the majority actually rules, politicians are answerable to their constituency rather than their party, and judges are dependent on the people and on other branches of government for their getting and holding office.