Last update - 00:00 14/09/2006
Beinisch praises Barak's activism in legislative rulings
By Yuval Yoaz, Haaretz Correspondent
New Supreme Court President Dorit Beinisch praised the activism of her predecessor, Aharon Barak, at a speech during her swearing-in ceremony on Thursday.
Beinisch said Barak's policies were implemented carefully and practically, and rejected claims that he was merely vying for power. "The legal branch is the only branch of government that is free of political interests. It is a branch that by its very nature and character, is not driven by desires to seek more power. This is the case when the court seeks to increase its judicial criticism, and it is also the case when it critiques the Knesset's legislation."
The new head of the Supreme Court praised efforts Barak made to upgrade the legal status of certain laws to an almost-constitutional level in the absence of a formal constitution for Israel. She said the reform Barak has led has been conducted in an "evolutionary, balanced and restrained" manner.
"While the court is handing down its judicial critique of the Knesset's legislation, it is not invading the jurisdiction of the legislative establishment. Furthermore, the judicial criticism of legislation has been consistently restrained over the years," Beinisch said.
The new head of the Supreme Court added that the majority of legislative rulings passed down thus far have been inspired by the Knesset's guidance. Benisch explained that the court was acting to ensure that human rights are protected, within the framework of basic laws already passed by the Knesset.
Beinisch said Barak believed that "it is the judge's responsibility to bridge the gap between reality and the law."
The new Supreme Court chief said Barak's resignation "leaves a gaping void in the court," but also said the strength of the judicial institution does not depend on the leadership of any one judge.
"We are not operating in a vacuum. We follow the route set out by those who came before us," Beinisch said.
Prime Minister Ehud Olmert also spoke during the ceremony, saying that Israel bows down in gratitude to the court.
"The Supreme Court is a bastion of enlightenment for Israeli society. The government, the Knesset and the Israeli public all bow down deeply in salutation and gratitude for this island of moral strength and promise to do anything to ensure that it continues to contribute to the power of the State of Israel," Olmert said.
Outgoing Barak also spoke during the ceremony. Turning to Beinisch, he said "you have been entrusted with one of the most important roles in the country - administering justice." Barak said there is no one more qualified than Beinisch for this role.
Barak also commented on the social uproar brought on by his ruling banning discrimination against Israeli Arabs in the allocation of lands.
The former head of the Supreme Court said that though the Jewish people have a special key to the door of their national home, the state of Israel, they cannot discriminate against other residents living legally within its confines. "The equality awarded to the minority living among us is proof of our democratic and Jewish values."
Beinisch was sworn in as Supreme Court president on Thursday in a ceremony attended by outgoing president Aharon Barak, retiring from his post two days before his 70th birthday.
Earlier Thursday, a farewell ceremony was held at the court for Barak, attended by all of the Supreme Court justices, as well as retired justices, friends and luminaries of the judicial world.
In an emotional farewell speech, Beinisch said, "Barak is the greatest of Israel's judges. Everyone, supporters and critics, are united in the opinion that Aharon is a legal genius."
"Aharon Barak is at the heart of the transformations undergone by Israeli law. His contribution is manifest in thousands of rulings and unprecedented academic output," she said.
Barak "has opened new horizons before the legal world, has given us in-depth insight and a wide perspective. Law is now different to what it was before Barak's era."
In his address, Barak replied to charges that he is "a judge who saw human rights, but not the individual."
"I have always sought to administer justice in trials, justice for the parties involved and justice for the public," Barak said. The outgoing justice also added that he sought to see the man at the heart of every dispute.
"I am certain that the court will not be daunted by any kind of authority but will never seek to govern." Barak said, adding that he is sure the Supreme Court will continue to "examine the legality of the Knesset and government's actions as a judicial branch of government."
Addressing the other justices, Barak said, "Knowing you, I know that you will not be driven by vapid formulas, in the form of activism or self-restraint, but (you will) contemplate every issue in a balanced, practical and proportional fashion, with an uncompromising drive to ensure our basic values."
On a personal note, Barak added: "Today I finish my tenure as a judge. I am filled with the calm of a long-distance runner who has reached his long-awaited destination."
Barak said while he was finishing his tenure as the head of the Supreme Court, he himself will still be judged. He said he would be judged "not by fleeting moments quick to pass, or by the media, but by history."
He called Beinisch his "younger sister" and said she deserved her new position not only because of her experience in office, but because of her talent, her rich personal experience, her sensitivity to social issues and her common sense. "Dorit has been a loyal source of support for me for years. She is the right person, at the right time, for the right position," he said.