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So what if the High Court ruled? By Haaretz Editorial Tags: Supreme Court, Democracy  For many years, the Israeli government has accepted responsibility for upholding court rulings in general and those of the High Court of Justice in particular. This is an inseparable part of recognizing that the rule of law is an indispensable requirement for democracy. Last week, however, it became clear that this tradition has been seriously undermined. In two sternly worded rulings issued that week, High Court justices analyzed two different cases in which government ministries viewed binding High Court decisions as recommendations only. The first dealt with a High Court ruling handed down in early 2006 that voided a government decision to grant preferential status to certain regions of the country with regard to state funding for education. The court struck down this decision because it discriminated against Israeli Arabs. Last week's verdict, written by Supreme Court President Dorit Beinisch with the entire extended panel of seven justices concurring, termed the Education Ministry's prolonged deferment of the initial ruling's implementation a "grave expression" of the freedom the government has asserted to disregard the ruling and act in accordance with its own priorities. Advertisement The other verdict issued last week dealt with another High Court decision from 2006, which ruled that the arrangement under which foreign workers are bound to a specific employer infringes on "the human rights to dignity and liberty, as anchored in the Basic Law." This sweeping decision, authored by Justice Edmond Levy, concluded that the exclusivity arrangement infringes on "the individual's freedom of action." Levy has painted a grim picture in which the government, the interior minister and the labor minister act as if there never were a High Court ruling. In both instances, the High Court refrained from exercising its authority to accuse the relevant ministers of contempt of court. However, it did describe serious lapses that amount to debasing the court. If ministers conduct themselves this way, it will come as no surprise if more junior officials say "the High Court ruled, so what?" The phenomenon detailed in these latest court rulings is not new. It was also evident in another ruling this year, in which High Court justices criticized the Education Ministry for ignoring a 2004 verdict banning the ministry from subsidizing ultra-Orthodox educational institutions that refuse to teach the "core curriculum." If we also factor in the questions that have arisen on security issues - namely, de facto implementation of High Court rulings on the Shin Bet security service's interrogation methods and the legality of "targeted killings" - the picture that emerges is a problematic one that undermines fundamental axioms. To this reality must be added the criticism leveled at the court's rulings by various politicians, including Public Security Minister Avi Dichter, and particularly the concentrated attack on the court's powers of judicial review led by Justice Minister Daniel Friedmann. Undermining the Supreme Court's authority endangers democracy. The High Court, like every other court, is "possessed of neither the purse nor the sword," to quote former U.S. Supreme Court Justice Felix Frankfurter. The executive branch, which possesses both the purse and the sword, thus bears responsibility for enforcing court rulings in their entirety. When it fails to uphold such rulings, what results is a situation in which there is a judge, but there is no justice. Bookmark to del.icio.us   Dancing on graves It is hard to believe that Pakistan is behind the Mumbai carnage. 'Tis the season Bethlehem mayor says Christmas season will cap a boom year for tourism.

Read & React Two Israelis in Mumbai remain unaccounted for Responses: 75 Israeli experts: Slow op meant 'no chance' for Chabad house captives in Mumbai Responses: 106 Bush to Olmert: Why are you giving Syria the Golan for nothing? Responses: 75 Is 'the most dangerous man in the world' behind the Mumbai attacks? Responses: 14 More Headlines 00:29 Two Israelis still missing after Mumbai attack 20:08 Olmert: No doubt Mumbai attack targeted Jewish institutions 22:11 India enters 'war' alert, blaming Pakistan for Mumbai terror 21:24 U.S. rabbi: I spoke to Mumbai terrorist on slain rabbi's phone 01:48 Police victim ID unit leaves for India, as two Israelis still missing 01:03 Treasury officials to PM's advisers: Your economic plan is illegal 00:50 Picasso sketchings sell low, as Jerusalem auction feels pinch of cash crisis 16:55 IDF soldiers get cash reward for refusing to evict settlers 19:03 Cabinet approves releasing 250 Palestinian prisoners in gesture to Abbas 14:07 Qassam strikes residential area in central Sderot 20:11 Bethlehem mayor: Christmas season will cap boom year for tourism 22:04 Olmert to bring for cabinet vote plan to fortify Gaza-area homes 17:57 Iran proposes building joint nuclear plants with Arab neighbors 22:20 Rabin assassin declares hunger strike to protest prison conditions 18:59 Hamas blocks haj pilgrims granted visas by PA from leaving Gaza 20:27 Pope praises Nazi-era pontiff who Jews say turned blind eye to Holocaust Previous Editions Select Day 30 nov 28 nov 27 nov 26 nov 25 nov 24 nov 23 nov 21 nov 20 nov 19 nov 18 nov 17 nov

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