Posted on 02/21/2023 11:13:30 PM PST by Eleutheria5
In Israel, the legislature is not sovereign to legislate, and the executive lacks actual control to execute the instructions of the legislature. The judiciary has established itself as superior to all other branches of the government; intimating that it knows better what the country needs than the people and their elected representatives.
Through almost five decades of Israel’s existence, the courts did not have the authority or the jurisdiction to invalidate a law of the Knesset.
In 1995, Aharon Barak, President of the Supreme Court of Israel (1995-2006), decreed that “everything is justiciable,” everything can be done by judges; enabling the Supreme Court to carry out a judicial coup d’état.
Since Barak’s dictum, the authority of the Knesset to promulgate laws has diminished. The justices of the Supreme Court and the Attorney General seized legislative power by abrogating laws and interfering with the legislative process, dictating laws through legal opinions and judgments. They also seized executive power by canceling government decisions, and asserting the power to dictate policies to the government.
Justices became generals deciding what the military could do and how to do it, they became economists examining budgets and spending priorities, they became overlords examining ministers to be allowed in the cabinet or legislators to be allowed in the Knesset, they became chief rabbis examining religious matters and doctrines, etc.
This passes for the rule of law in Israel, but is actually arbitrary decrees by unelected officials.
.....
(Excerpt) Read more at israelnationalnews.com ...
Much like America.
Worse than America. But both are similar.
I have believed that the Israel Supreme Court was politically corrupt long before Aharon Barak showed up in 1995.
Before today, I had never read an in depth article on the subject, just scattered comments by Caroline Glick.
The author of this Conservative essay is also a pleasant surprise - a patent attorney living in Florida who clearly has African ancestors.
Isn't that what Marbury v. Madison (1803) decreed?
And isn't it the job of courts to put a restraint on direct democracy?
Is that what this author wants? A direct democracy?
Yes, courts can become corrupt. But our own Supreme Court was mostly respectful of the Constitution until about 1930s, when they buckled under FDR's threat to pack the court. The court has been downhill from there.
It’s not quite as bad as the article says, but the judiciary is out of control, activist, and squarely off the charts authoritarian socialist.
Which is why the Biden admin (particularly your CIA and State Department) is pouring millions of dollars into Israel to support activist groups bent on insurrection (real insurrection) and disrupting the government workings to stop planned judicial reform.
They’re not even trying to hide their interference with our elections and government workings. Paid for ads, pay protestors, pay media and fund opposition parties.
Marbury is in the USA, which is a very dissimilar system, with three distinct branches of government.
Israel is a parliamentarian system, where the branches are far less distinct
.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.