No less than a war for our homes
Olmert's war on the institutions of the rule of law is neither material, structural nor ideological criticism. It is not even political. It is an attempt at intentional destruction, for egocentric reasons, of institutions whose strength is a condition for our democracy's existence.
By Shelly YachimovichLeaders are tested in troubled times: when they must protect the state while fires are breaking out at home, when their basic values are under attack, when they are abandoned. Supreme Court President Dorit Beinisch fell into a leadership test right after entering her post. She passed with flying colors, almost heroically.
It was clear from the outset that Prime Minister Ehud Olmert had not selected Daniel Friedmann as justice minister because he had read the latter's brilliant articles on contract law and found them profound. Olmert chose a declared enemy of the justice system and its head - a man who bears a personal grudge against them - and turned him loose on them. Olmert made this hasty and unacceptable move with a long list of criminal investigations hanging over his head - Bank Leumi, Cremiuex, the Small Business Authority, State Comptroller Micha Lindenstrauss - and while two of his good friends, Haim Ramon and Abraham Hirchson, were entangled in investigations of their own.
Friedmann quickly dashed hopes that he would show increased intellectual honesty and a measure of responsibility, and would be wise enough not to deliver the goods to the individual who had dispatched him. A series of belligerent and hasty maneuvers, showing complete immaturity in government and national responsibility, have turned the Supreme Court into a subject of attack. Beinisch tried dialogue, compromise, silence and finally - lacking an alternative, bravely, and without flourish or cowardly leaks - she made public the content of her sharp letter to Friedmann.
The attempt to turn Friedmann and Beinisch into adversaries of equal standing is a continuation of the efforts to falsely present the clash between the state comptroller and Olmert. After all, to some extent, Olmert is the one manufacturing the "quarrels," which in his case recall the "quarrel" between a suspected robber and the policeman who caught him. However, this is not a suspected thief, but rather a prime minister who wields great power, who in his struggle to survive will say, "let my soul die with the Philistines," and is threatening to bring down the foundations of the rule of law.
The Supreme Court deals with issues at the very heart of our lives, and, as such, it engenders a spectrum of reactions, from relevant, specific critiques to strong ideological and visceral opposition. I myself take issue with the monolithic nature with the neo-liberal economic approach of most of the judges. However, my objections, like those of others - whether to rulings on bolstering communities near the Gaza Strip; the ruling in favor of an Arab citizen's right to build on state land allocated to the Jewish Agency; or the question of judicial activism, no matter what the political angle - are irrelevant right now. Olmert's war on the institutions of the rule of law is neither material, structural nor ideological criticism. It is not even political. It is an attempt at intentional destruction, for egocentric reasons, of institutions whose strength is a condition for our democracy's existence.
This is a national emergency, essentially no different from a security emergency, since this is a war for our homes. I trust Beinisch's leadership in this serious crisis and am sorry that the retired Supreme Court justice Aharon Barak has been silent. Barak's responsibility did not end when he retired. It is a pity that his honor does not let his voice be heard.
The writer is a Labor Party MK. www.shelly.org.il
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ALL JUDGES NEED TO BE REASSESED ON THE BASIS THAT THE ARE APOLITICAL AND WILL NOT TRY AND MAKE LAW ! THAT THEY CONFINE THEMSELVES TO HELD DECISIONS BASED ON LAW AND NOT LEFT WING POLITICS
This tug of war between the Justice Minister and the Supreme Court is very disturbing.Your article was well written and I thank you for clarifying some of my suspicions.
Its a good thing Olmert is under investigation this way he felt forced to bring in Friedman to tame the wild high court of Israel.The high court is now moving very slow investigating Olmerts supposed criminal past.The high court has always been blackmailing the politicians by hanging crimes over their heads. However when the politician does a left wing move the investigation slows down. At least thats how it seems. Friedman is putting an end to the courts political manuevering and blackmailing. Soon the country will be able to function better. The new justices in the supreme court might even turn out to be Judges who are focused on what they should be focusing on doing their job and not busy fighting over the power they wield. Perhaps,Justice Barak is quiet primarily because he only was interested in his own power. He is also smart and knows that sometimes when you say something it has the opposite effect.
Olmert, by pursuing his interests, is destabilising Israel better than any of our ennemies. And it seems, at least for now, nothing can stop him!
Shelly, I know tha Labour party doesn't realize that Israel is moving away from working on the soviet socialist model. The idea of a committe, calling itself the supreme court, running the country with disregard for the citizen's views is hopefully ending. There is no functional democratic country where the elected officials do not play a central role in appointing judges to the supreme court. Israel will only become a functional democracy when that happens in Israel. Down with the soviet 'people's committee' , long live Democracy.
Here comes the conspiracy theory : certain Israeli politicians afraid of being dragged through the courts should they lose an election could seek to gain immunity from prosecution by " streamlining " the judicial system.Perhaps what we are witnessing is an attempt to create a system in which politicians under investigation or having a bad conscience can sleep easily at night.Perhaps we could end up with a system constructed so that it feeds itself, without the checks and balances in place to ensure a democratic system.Unfortunately Israelis seem war weary,more interested in consumerism than good government and have got the leadership and government they deserve.By showing more interest in what is going on Israelis would deserve better and would have to be prepared to put in some effort to get better governance.Some of the undesirables have left without facing trial, unless the freedom of the courts is defended, others worthy of investigation and prosecution could sidestep justice.
Bravo Shelly - exactly what we expect from you! But as an MK - your major theatre of duty is NOT the columns of Ha'aretz, but the Knesset itself! Hopefully, you will mobilise enough MKs to secure a vote of no-confidence in the Olmert government, on the issue of the Olmert/Friedmann attack on the Supreme Court, and thereby, on the very democratic fabric of our State.
Yachimovich should understand by now, and she is very intelligent politician, that she, Olmert and Beinish are as mortal as anyone of us: but the institution that we leave behind are the real thing and are there for longer time as long as the land is democratic. Will all her smarts and immesurable achievement she prefers to look the other way and take the dishonest and political routes. No, I am no fun of Olmert, I do think he is as motivated with his personal emotions in his political mpves; but we are talking about the revolution in the Legal-Justice system. Let me remind you, Yachimovich, that when Begin was campaining for 1977 election, people like you saw his political motivations not only to give the Sepharads-Mizrahis a stake in the running of the society, but he was cursed for being a sorry looser; and the result created a more just society for all (not yet total equity, but the beginning of the earth shaking event that everyone thought it will be against the State), so now comes the second volley: Friedman announcing 30 years later the Legal Revolution, giving all the etno-cultural groups equality of taking part in the actual cultural-symbolical input into the Justice system. This, Yachimovich trying to overlook by claiming that it is a personal vandetta, rather than a National righting of the wrong since the Yeshuv. Now, with Friedman Legal Revolution, the Sephards-Mizrahis, the other non-Jewish minorities could finally join the Democratic institutions which will be emanating their own culture, the cultures of Israel, not a East European or Russian-Polish culture, as Begin would say: Sheyhyanu vehigianu lazman hazeh. Amen!
he will be able to make the Supreme Court credible to the people after its journey downhill during Barak's reign.
Someone has to stop him... NOW!
With age comes wisdom.I now firmly believe that most if not all politicians are or become corrupt once in office.However ,none is more corrupt then Sharon and Olmert.Katzav was a national disgrace but so is Olmert and several of his cronies who are corrupt to the core and derve to sit in jail....or at the very least be brought to trial.