Top jurists to Justice Minister: Straighten up or resign
According to academics, Friedmann's style 'severely undermines the rule of law and democracy.'
By Yuval Yoaz Tags: Daniel FriedmannA group of 15 academics from a number of law faculties in the country have called on Justice Minister Daniel Friedmann to "alter his ways - or resign," in view of what they describe as his "undermining of the rule of law and of democracy."
Among the group are the law schools deans at the universities of Haifa and Tel Aviv, professors Eli Salzberger and Hanoch Dagan, as well as professors Haim Ganz, Ariel Porat, Eyal Benvenisti.
The 15 academics expressed their harsh view in a a petition addressed to Friedmann. Though the petition has not yet been sent to the minister, Friedmann heard of its existence and scheduled a meeting with Professor Dagan for Monday, to discuss the matter before it is made public.
The criticism of Friedmann comes from law professors who for many years were his colleagues, from when he served as a professor of law at Tel Aviv University.
Supporters of the petition rejected claims that the two people behind the petition are Porat and Benvenisti, who were candidates for appointment to the Supreme Court during the tenures of Tzipi Livni and Haim Ramon at the Justice Ministry, and are no longer candidates.
"We are professors of law at institutions of higher education in Israel," they wrote in the petition, and "we expressed our protest at the modus operandi of our colleague Professor Friedmann as justice minister, and our deep concern for severe and irreparable damage to the rule of law in Israel as a result of the proposals he is promoting.
"We do not believe that the Supreme Court and the other law enforcement authorities are immune to criticism or to the need for reform. Some of us have expressed similar criticism in the past. The importance of criticism is the preservation of the court as a social arena in which decisions are made in favor of all or in support of the rights of the individual.
"For this reason, we regard the series of reforms proposed recently by the minister of justice with severity. The common denominator of these proposals, whose most blatant expression is the proposal for altering the composition of the committee for selecting judges, is to bolster the direct influence of politicians on the court... changes in this direction will not improve the functioning of the legal system; on the contrary, it will deteriorate further that which they would allegedly fix.
"The polemical and rushed character of these reforms proposed by the justice minister, regarding the Supreme Court and other law enforcement agencies, and the way he relates to these institutions and those leading them, do not enable a serious public debate."
According to the academics, Friedmann's style contains "disrespect toward the legal institutions, severely undermines the rule of law and democracy, and is a style that is unbecoming any one, and [in the case of] the minister of justice, who is responsible for the legal system, it is unacceptable."
The authors of the petition "call on the minister of justice to manifest his responsibility toward the rule of law and democracy by altering his ways, and if this is not possible for him to do - then he should resign."
A statement from Friedmann's office said that "there is a concerted wave of attacks against Minister Friedmann, and this is only part of it."
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Justice Minister Daniel Friedman. (Alon Ron) |
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Instead of embracing, no it is too heavy, of welcoming the advocation for reforms pushed forward by Friedman, there is a shout in the ranks and files of that class that benefited for the current legal system. 'Cause Friedman is not only vying the changes of apointing High Court Judges and below, but also a needy reforms for punishing the recidivists, those that revisit prisons almost immediately after their release. Those 15 highly considered academes, have the right to raise their objections, but how many other hundreds and hundreds of silent majority (made silent by Haaretz and other media the existence of the few: that is how it works, the closer you are to the media, the wider coverage you benefit from it), and the people in their instinctive intelligence, without knowing the bric-a-brac of those highly fullutin academes, they see on the ground that something in the Leagal System is wanting, and that is good by me.
"...alter his ways - or resign," Let's try to understand their problem. These guys won't stand a chance getting on the High Bench as long as DF is Justice Minister.
Supporters of the petition rejected claims that the two people behind the petition are Porat and Benvenisti, who were candidates for appointment to the Supreme Court during the tenures of Tzipi Livni and Haim Ramon at the Justice Ministry, and are no longer candidates.
Mike congratulations! It is sad but you are so right. Our system has fallen in to currupt politicians and permits them to manipulate the laws to their conovinience. one of the few sistems in the world that permits MK's to be cabinet ministers and even worse, to be appointed by their own parties with no esperience. Sorry Mike, but the cronies are managing the country.
Severe and irreparable damage to the rule of law has already been caused by the pig-headed decisions of the left wing apparatchiks masquerading as justices. Instead of equal justice for all, they offer better justice for those with the right connections and the right politics, and the back of the hand to everyone else. But there's an easy way to replace all of the justices. Simply let the Knesset pass a law that forbids any idolater from serving as a judge in Israel, where an idolater is defined as anyone who publicly elevates a personal belief system to a position higher than God.
just over a year ago the British High Court said that the Israeli Supreme Court was the best in the world and had the hardest decisions to make. I am right wing and don't like many of the courts decisions but I certainly don't want our corrupt politicians to get more power. - Mike
The people stand with Friedman. Finally, here is someone willing to stand up to the post-Zionist oligarchy that has taken control of the Justice system. In no other democratic country do these Supreme Court justices appoint their own successors as is the case in Israel. I am sure that if open investigations were conducted of the Supreme Court as has been done with Presidents, Knesset Members and Cabinet ministers, we would find a den of corruption just as bad as any in the country. One Supreme Court justice who defined what "morality" is for the rest of us had a child out of wedlock whom he refused to recognize, support or even meet until she was 20 years old. This hypocrisy must end, and at least Friedman (who is a Leftist Mr Shulman-otherwise he would not have gotten the job) is trying to make some reforms.
"To bad that he is a rightist" It is not a question of right and left. Shamgar, head of the supreme court for many years, is a rightist, an illustrious judge ever to be remembered. His political leaning did not interfere with his sense of justice.
Friedman is sowing dissent in all his moves, like a bull in a china shop. Something is very wrong here. Now overseas lawyers are now trying to interfere on his behalf in his defense. Anyway, who said that American justice should be a light unto the nations?! They have a lot to clean up there. Terrible things are done in the USA in the name of justice, not only what goes on on death-row......
The Chief Justice's and her academic supporters' rhetoric lack stringent arguments. They only threaten. In the Western Academia, this would disqualify them from any serious discourse and consideration. They merely deplore their prospective loss of unchecked power and privilege. They are sore losers. Friedmann is right and will succeed. To bad that he is a rightist.
Professors are not Jurists. There complaints should be addressed to the Knesset and not the Minister of Justice.
Friedman is one of the only assets in the government at this time. They are all fighting against him because he is actually doing his job as the justice minister. He will be remembered in history as a person who set the courts straight and made them more balanced. In the U.S.A the President nominates different Justices for the supreme court so we have a mix some more liberal justices some more conservative justices nominated by different Presidents over the years. However in Israel the justices on the supreme court are all left leaning types who also seem to be antireligious. Lets get judges who are more representitive of the populations in Israel. We want some right wing, central, sefardic judges, not just secular Ashkenazi left wing types. Very few people in Israel are backing the high court because they know there is a problem there. The whole world is aware that they have too much power. Friedman will ultimately prevail.He is too clean they can't find anything on him.