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Justice minister blasts 'publicity hungry' Supreme Court
By Tomer Zarchin, Haaretz Correspondent
Tags: Daniel Friedmann 

Justice Minister Daniel Friedmann on Monday accused Supreme Court justices of encouraging controversial cases that will draw media attention, even if the petitions in question have no chance of being accepted.

Speaking at an Israel Bar Association conference in Eilat, Friedmann said that the High Court of Justice does not make so-called public petitioners, such as nongovernmental organizations, pay the cost of the legal proceedings if their petition is rejected, thus essentially subsidizing their cases.

"This is an invitation for petitions: 'Bring us cases the media loves, that will give them a headline, come on, bring it.' If the petitioner loses, it is not so bad: Everyone will be in the press - the petitioner, the justices. One gets the impression that there are ties between professional petitioners and the court, and therefore, there has been a tremendous increase in the number of petitions," Friedmann said.
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Since his appointment as justice minister in early 2007, Friedmann has sought to curtail the Supreme Court's power and transfer its authority over key issues to the Knesset and the government. Among other things, he has called for restricting the court's right to deliberate security and budgetary questions (justiciability) and for restrictions on who can petition the court (standing).

According to Friedmann, there are two Supreme Courts - the one that existed during the state's first four decades, and the court of the past 20 years. The first court exercised self-restraint, he said, but the second is overly involved in controversial issues.

When the court allows government decisions to be challenged on the grounds that they are unreasonable, it makes every government decision vulnerable to being overturned, the minister said. "The potential for court interference in every decision creates a situation that affects the attorney general and the branches of government, making every decision-making process more complicated and difficult," he added.

Responding to Friedmann's salvos, former Supreme Court president Aharon Barak termed the minister's description of the court "a caricature."

"The picture that has been drawn here is so distorted, so untrue," he said. "There is no first, or second or third or fourth, Supreme Court. We are constantly evolving."

Barak also blamed government officials for the rise in the number of petitions to the court, noting that out of some 2,000 petitions presented to the court each year, 600 are against the Interior Ministry.

"The Supreme Court is the only way to get the officials to do something," he said. "If government officials conducted themselves appropriately, the number of petitions to the court would drop."

Barak added that the increase in the number of petitions does not stem "from a new Supreme Court; the cause is the same old government."

He also expressed concern that with elections possibly in the offing, Friedmann might try to pass legislation against the Supreme Court as part of his ongoing offensive against the institution. "A tree that has grown for 60 years can be felled in six months," he warned.

The current court president, Justice Dorit Beinisch, told the conference that there are efforts to curtail the court's powers of judicial oversight, and charged that this is a deceptive and mistaken use of the principle of checks and balances. She added that there is an attempt to create the impression that the court is infringing on areas beyond its proper purview, in an effort to signal the bench that unless it behaves with restraint in pending cases, legislation will be passed to curtail its power.

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