THE FREEZE IS ILLEGAL

ISRAPUNDIT ^ | Jan 9.10 | Ted Belman

[tedbel]

In my article Can Israel be both democratic and Jewish. I wrote that one value must trump the other.

"When these values are opposed to each other, one must trump the other. So the first question is which one trumps the other. If the legislation does so provide then that’s the end of it until new legislation says otherwise. In the absence of any such provision, the Courts would favour democracy because for them that is the most important value. The Knesset must so determine if it wants the highest value to be a Jewish state even if it violates democratic norms."

Daniel Tauber, president of the American Legal Forum, in Israel's Right to Build Settlements says "..the ban on settlement construction may itself violate Israeli law and its protections for human rights."

The country's first law, the Declaration of the Establishment of the State of Israel, is also its first law dealing with human rights. The declaration states that Israel will foster the development of the country for the benefit of all its inhabitants, will be based on freedom, justice and peace as envisaged by the prophets, will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex. In the landmark case Kol Ha'am v. the minister of the interior, the Supreme Court held that the declaration was more than just a law - it was a law whose principles would be used in interpreting all other laws. This empowered the court to more strictly scrutinize and more easily strike administrative actions which violated human rights.

[Mrs.Z]

I’m afraid that the world is back to the mindset of the 1930’s...

the words “Jew” and “human rights” could not be used together then, it is getting that way now.

[SunkenCiv]

The country's first law, the Declaration of the Establishment of the State of Israel, is also its first law dealing with human rights. The declaration states that Israel will foster the development of the country for the benefit of all its inhabitants, will be based on freedom, justice and peace as envisaged by the prophets, will ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex. In the landmark case Kol Ha'am v. the minister of the interior, the Supreme Court held that the declaration was more than just a law - it was a law whose principles would be used in interpreting all other laws. This empowered the court to more strictly scrutinize and more easily strike administrative actions which violated human rights.

Thanks tedbel.

[SJackson]

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