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Sunday morning ambush By Haaretz Editorial Tags: basic law, knesset  Exactly one year ago, Justice Minister Daniel Friedmann told Haaretz: "I do not want to change Basic Law: The Judiciary hastily, but with careful consideration and as part of an organized, comprehensive public debate." The organized, comprehensive debate has yet to take place, yet Friedmann nonetheless decided, in a last-minute underhanded move, one week before the government's resignation, to bring the proposed change to Basic Law: The Judiciary for the cabinet's approval this morning. It just so happens that in the final days of this government's term, a time during which the attorney general requested restraint and moderation in decision making, Friedmann and the prime minister elected to submit to a vote the change that would usher in the anti-constitutional revolution the justice minister has sought to advance since he first entered office. While the Knesset's Labor Party members are expected to vote against the proposal this morning, the Pensioners and Shas will back Friedmann. There is no way of knowing how the votes will be split within the agenda-less party known as Kadima. This vote will be a test for those vying for Kadima's leadership. This morning will tell which one of the candidates possesses sound judgment and which one of them understands that the very act of bringing forth the proposal for a vote today is improper. It is impossible to underestimate the importance of a vote on Basic Law: The Judiciary, since it will likely give rise to a process that will occupy the Knesset long after Ehud Olmert and Friedmann have left the scene. The amendment the cabinet will be asked to vote on is, in effect, designed to prevent the High Court's judicial review of laws legislated by the Knesset. If MKs can revive laws that were struck down by the Supreme Court with only a 61-MK majority, it would be reasonable to assume that such a majority - which is smaller than that proposed by Haim Ramon and Yaakov Neeman - could easily be mustered. No sitting government would have a problem winning a coalitional majority whose support it enjoys in the Knesset. Advertisement Even though the courts are in no hurry to strike down laws - which they have done only six times to date - their ability to do so is a basic component of constitutional government. If the Knesset can legislate any law it sees fit, if it is able to harm human rights or the structure of democratic rule, if it can damage the principle of equality among citizens, and if it can reenact laws that were annulled with a mere 61-MK majority, it will violate the all-important balance between the different branches of government, thereby endowing the Knesset with unlimited power to trample human rights according to the whims of its members. Friedmann gets angry at the suggestion that this morning's vote is an "underhanded maneuver" because he believes it is impossible to expect incumbent government ministers not to make crucial decisions - even if the government has only one week left to rule. Friedmann is undoubtedly a justice minister with an agenda. In fact, he is just about the only minister in the Olmert government who entered his job with a clear set of priorities, and who indefatigably worked to realize those ambitions. Even if his motives are pure and professional, and even if there are ministers who support him for practical reasons, it is verboten for the government to vote in favor of such a fundamental, constitutional change - especially during its last cabinet meeting - just as it would be incomprehensible for a resigning government to decide to attack Iran tomorrow, or to return the Golan Heights to Syria. Bookmark to del.icio.us   Interfaith grandchildren A new group is helping U.S. seniors teach their interfaith grandkids Jewish traditions. Iranian war games Iran army to hold three-day drill amid speculation over Israeli strike.   1.   Both wrong 23:45  |  Yaakov K. 07/09/08

Read & React Cheney tells Peres: Russia supplies weapons to terrorists Responses: 90 Fatah leader: Al-Qaida intifada could make Hamas look like child's play Responses: 100 Police recommend indicting Olmert on corruption charges Responses: 24 Uzi Benziman: Livni, Mofaz opposition to settler evacuation bill stems from fear Responses: 45 How can grandparents make interfaith grandkids more Jewish? Responses: 29 More Headlines 01:03 Police: Indict Olmert on corruption charges 20:56 Olmert probes: the corruption allegations against the prime minister 18:09 Peres warns Olmert: Attack on Iran could spark wide-scale war 16:29 Olmert: We must prepare now for the evacuation of West Bank settlers 09:28 'Al-Qaida intifada could make Hamas look like child's play' 01:00 Husband of woman suspected of drowning son says wife doesn't deserve punishment 01:01 Muslim immigrants attack three Jewish teens in Paris 23:19 Couple arrested, suspected of abusing three of their children 18:51 Jordan and Lebanon refuse to become alternate Palestinian homelands 13:40 Mother of Israeli hacker held over $1.8m fraud: FBI framed my son 21:34 Jordan's king meets Abbas, backs PA on Jerusalem and refugees 20:58 Iran army to hold war games amid speculation over Israeli strike 21:03 Three women killed in separate road accidents Sunday 02:12 How can grandparents make their interfaith grandkids more Jewish? Previous Editions Select Day 07 sep 05 sep 04 sep 03 sep 02 sep 01 sep 31 aug 29 aug 28 aug 27 aug 26 aug 25 aug

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