Justice Min. bid to stem court power censured across parties
Leftist parties warn of irreprable damages; MK Eldad: Knesset already able to overturn court rulings.
By Gideon AlonJustice Minister Daniel Friedmann's initial proposal to legislate a bill that would restrict the High Court's ability to overturn laws passed by the Knesset drew harsh responses on Monday from most Knesset factions.
Only parties towards the right on the political spectrum welcomed the initiative.
Former justice minister and Meretz Chairman Yossi Beilin said during a meeting with Friedmann "the proposal to limit the High Court's authority is scandalous."
MK Shelly Yachimovich (Labor), said that Friedmann's intention to cripple the High Court during "this twilight of the rule of the law" would harm the "delicate balance of democracy." She called on her fellow party members to stand up against Friedmann's measure.
Chairman of the Knesset Constitution, Law and Justice Committee Menachem Ben-Sasson (Kadima) said that a rushed move to change basic laws could be constued as an attempt to harm the High Court's status.
MK Zahava Gal-On (Meretz) said that to say that the Knesset can be trusted not to abuse power would be to "pretend innocence." She added that "the authority to reject Knesset political legislation that violates human rights and discriminate against the public must remain in the hands of the High Court, otherwise, the result could be irreperable."
MK Aryeh Eldad (National Religious Party) said that Friedmann's proposal to grant the Knesset authority to approve laws already vetoed by the High Court would actually strengthen the court in the sense that it would give it official authorization to overturn appealed Knesset laws.
According to Eldad, the Knesset already has the authority to overturn High Court rulings, but "it doesn't, out of fear."
Fellow party member MK Yitzhak Levy welcomed the proposal saying it would regulate the chaotic relationship between the Knesset and the High Court, and "put an end to the tyranny of the Supreme Court, which ignores the benefit of the public and the law."
Friedmann, Beinisch agree to extend justices' termsAlso Monday, Justice Minister Daniel Friedmann and Supreme Court President Dorit Beinisch agreed to extend the interim terms of David Cheshin and Devorah Berliner as Supreme Court justices by one month.
Friedmann and Beinisch decided that "for the sake of service to the public, and for the benefit of the system, the temporary appointments will be extended until a decision is made regarding more permanent appointments."
Cheshin and Berliner will serve as justices until April 1.
The committee in charge of selecting new justices is slated to convene next month in order to appoint new justices to the Supreme Court, ending a three-year freeze on new appointments.
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You don't know what you are talking about and you have such strong "ideas". The Knesset consists of representatives of tribes/clans - pensioners, Russians, leftists, rightists, Arabs, religious, histadrut, etc. The politicoes elect a "central commitee" and a list of tops. They elect themselves. that's NOT democratic election. No USA! In addition, there is no second chamber such as the Senate or the House of Lords. Also, no constitution! I recall one recent proposal: take the driver`s license away for life, without judgement, for 3 strikes (like crossing a white line). These are the "elected" people in the Knesset. Well, the Supreme Court is a lot better!
Sure Haaretz is quite excite about David Cheshin and Berliner having their term extended by the incompetent (she harddly can formulate a clear thought in English in a recent Forum). But Haaretz forgets that in all democracies (liberal or formal-republican) there is a division of powers. What Friedman is raising is the entranchment of this Holmesian concept, and not a Barakian ideology; whereby A. Barack used to put aside any Knesset Law, so that his doctrine can be applied to the corse of any national issue that came to his court. Just check US, Canada, UK, and even Republican France: there are roadblocks for the High Court not to exceed their powers; oh not in Israel....
Tom, You write "Surely even the lefttist wackos in Meretz and Labor must have even that basic an understanding of democracy!" they understand, and that's why they don't want it. They don't want Israel ruled by the people, but rather by an "enlightened" elite. Beilin publicly boasts of pushing Oslo past the people without letting them understand what was happening, he says he knew the people would not approve. They don't want democracy, they want to perpetuate their minority rule.
It is high time that the arrogant Israeli high court wwas reined in, and I applaud Friedman's initial effort to that end. If one branch of the government is to dominate, it must be the branch elected by the people. Surely even the lefttist wackos in Meretz and Labor must have even that basic an understanding of democracy! A small arrogant group of elitists that even recreates itself as it appoints replacements is not part of a democracy, it is a self-perpetuating ruling class. The next step in the process should be that the PM nominates Judges and confirmation requires a super majority of the Knesset. I would also limit the term of the Judges to 4-6 years, and not permit a Justice to succeed himself. I would further limit the Justices to having no authority ot change a Basic Law, and require Basic Law changes to pass a popular referemdum with a super majority. Hopefully, that would knock the elitists down a peg or three.