Subscribe to Print Edition | Mon., November 27, 2006 Kislev 6, 5767 | | Israel Time: 09:53 (EST+6)
Haaretz israel news English
Search site 
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
Former Supreme Court president Aharon Barak, speaking during Friday's convention. (Itzik Ben-Malki)
Last update - 16:14 26/11/2006
Aharon Barak: Personal attacks 'small price to pay' for reforms
By Yuval Yoaz; Haaretz Correspondent

Retired Supreme Court president Aharon Barak said Friday that personal attacks on him and on the Supreme Court were "a small price to pay for a constitutional revolution."

"We were in the eye of the storm, but that is the price that any Supreme Court must pay, and in my eyes it was a very worthwhile price," Barak said during a speech at a convention of the Israeli Association of Public Law in Caesarea.

Many current Supreme Court justices participated in the convention, among them Supreme Court President Dorit Beinisch, justices Eliezer Rivlin, Edna Arbel, Ester Hayut and Eliyakim Rubenstein, as well as Attorney General Menachem Mazuz and other attorneys, judges, and academics.

Advertisement

"Was there a price for the constitutional revolution? Of course, everything important has a price," Barak said. "But I think that the price the Supreme Court paid was worthwhile."

"What did we pay?" continued Barak. "Attacks on Aharon Barak? That's the price?"

"Criticism of the Supreme Court exists in every democratic country," said Barak. "The price that was paid here is nothing compared to the importance of the past and the future. We want our children to grow up in a society in which people have freedoms, and we can't achieve this without a constitution and without judicial review."

Barak added that in hindsight he wouldn't change any of his rulings, even in cases in which the Supreme Court was harshly criticized.

"As a judge, my head doesn't work like that," he said. "When I issue a ruling, I don't ask myself what the ultra-Orthodox, the National Religious Party, Shas, or Mapai [Labor's predecessor] will think about it."

"What a disaster it would be for our society if judges would think about how everyone was going to react," he said.

"It could be that the rulings about the separation fence in the West Bank and torture were very bad for the Supreme Court, because a large part of the Israeli society felt alienated by them," said Barak. "But what can I do? The Supreme Court isn't my mother's store, it's a government institution. We do what's good for the State of Israel, not what's good for the Supreme Court."

Barak sharply criticized recent proposals to remove the Supreme Court's authority to overrule laws, and to limit the court's power to declare that a certain law violates the Basic Laws, which function as a de facto constitution.

Barak also called for the Knesset to change the law if the court's recent ruling requiring recognition of gay marriages performed abroad is not to its liking.

"If there are parties that don't like our decision to register [gays] as married, then change the law," Barak said. "What do you want from me? You are the legislators, go change the laws."

Bookmark to del.icio.us
Hardly sportsmanlike
France confronts soccer violence after a scuffle between St. Germain and Hapoel T.A. fans.
What about Ehud B?
Barak may try to fulfill, for the second time, his prophesy of 'there is no partner.'
  1.   Cricism is nothing compared to criminal investigation of A.Barak 14:45  |  Absolute Sweden 26/11/06
  2.   Again the Man is at the Center 15:33  |  BeAbuzaglo 26/11/06
  3.   Reforms -he say -- Baraks law of Pal right of return is 16:07  |  Sal 26/11/06
  4.   Freedom? In the rest of the free world courts don`t make laws! 17:11  |  Nili 26/11/06
  5.   Barak`s disgusting `revolution` will be overturned 17:13  |  maya 26/11/06
  6.   A. Barak: A freak who equates sodomy with democracy 17:23  |  Bennie 26/11/06
  7.   BARAK PROVED IT "THE LAW IS AN HASS" 17:39  |  paul harris 26/11/06
  8.   Israel was blessed to have him 18:46  |  Koby 26/11/06
  9.   Barak 18:53  |  charles 26/11/06
  10.   Response to #5 Maya in NY 18:53  |  Natan 26/11/06
  11.   Change the System 19:30  |  Mike 26/11/06
  12.   The supreme court of justice of Israel 20:10  |  Altalena 26/11/06
  13.   Justice Barak is great 20:33  |  Isaac 26/11/06
  14.   As you leave 21:28  |  Israelite Prince 26/11/06
 Today Online
Danny Rubinstein: Hamas, Meshal are on the way to victory
Responses: 4
Aluf Benn: Truce is result of battle fatigue on both sides
Responses: 21
Akiva Eldar: A cease-fire is not enough
Responses: 2
Russia says arms sales to Iran won't upset power balance
Responses: 1
As Gaza truce holds, IDF kills 2 in W. Bank firefight
Responses: 8
Rosner's Domain
* Rosner's Guest: Rabbi Marc Schneier on demographic changes in the U.S.
* Week-off notes: What to read this week
* From the end of history to the end of ideology
* Bush gives go-ahead for 'Bush Center' in Israel


More Headlines
09:20 As Gaza truce holds, IDF kills 2 in W. Bank firefight
09:34 Report: Olmert, Abbas to hold summit with visiting Rice
09:17 Baker panel said set to push for talks with Syria, Iran on Iraq
09:46 Peretz, rejecting resignation pleas: 'If only they'd let me work'
09:44 Russia: Arms sales to Iran will not upset Mideast power balance
08:31 Police chief Karadi concedes failures in Benny Sela's escort
08:17 Right-wing MKs lambaste PM for accepting Gaza cease-fire deal
08:17 Katsav to quit in coming weeks, as soon as indictment final
02:01 Meshal abandons six-month deadline for Palestinian state
08:18 Report: 33 percent of Sderot kids suffer post-traumatic stress
Previous Editions
Special Offers
Advertisement
ZAKA
Saving those who can be saved, honouring those who cannot
Supporting Israel's Independence
Get Israel's Independence kit - A unique and unforgettable presentation pack
Bar Ilan University
One year MBA Taught entirely in English
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
Isrotel Chain
Eleven quality hotels in Israel's best locations
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
HAARETZ SMS
Register Now to receive your daily news by SMS
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved