Posted on 02/28/2023 3:54:16 PM PST by Nextrush
In impassioned speech, Avichai Mandelblit says it would be court's "duty" to annul legislation, which would otherwise "abolish" Israel's liberal democracy.
Former Attorney General Avichai Mandelblit described the government's judicial overhaul program on Tuesday as "a regime coup" and insisted that if the proposed legislation is approved by the Knesset, the attorney general and High Court of Justice would have "a duty" to strike it down.
Mandleblit's explosive comments, which if heeded by the High Court would lead to a full-blown constitutional crisis between the government and the judiciary, come as the Knesset Constitution, Law and Justice Committee is set to approve on Wednesday the next stage of the government's radical legal shakeup for a first reading in the Knesset plenum.
The coalition is advancing legislation that would give the government complete control over all judicial appointments in Israel, including the Supreme Court; would largely eliminate the High Court's capacity to strike down legislation, even if it violates Israel's Basic Laws; and allow the Knesset to pass legislation that is immune to High Court review from the outset...
(Excerpt) Read more at timesofisrael.com ...
High drama among many controversies and conflict verbal and not so verbal taking place in the Holy Land.
Now the former Attorney General of Israel says that if these laws pass the present Attorney General and High Court (Supreme Court) must step in to stop them which would create a "constitutional crisis" in Israel.
This law makes Israel's judicial more like the federal one in the US politicians appointing approving judges but it also undercuts the judges ability to shut down laws passed by the legislators.
Critics see this as Benjamin Netanyahu trying to 'beat the rap' as his continuing corruption trial drags on.
This is sedition, and this creep should be in handcuffs tonight.
Tensions high in Israel right now the Left claims they brought 300,000 people out on the streets last Saturday night to protest.
In a country of nine million people.
There are soldiers in the military reserves saying they will not report for duty if the laws pass.
People talking about going on strike if the laws pass.
Isn’t the root of the problem that the Court has arrogated powers to itself that it does not in fact have under the Israeli constitution?
Israel does not have one.
You nailed it. What’s being proposed now reverses a massive power grab by the secular Israeli elite and in particular the country’s lawyers. Though they claim they’re opposing fascism and dictatorship they’re really insisting on the dictatorship of the secular upper middle class - which is now clearly outnumbered and outvoted and so really scared. Not that the religious people really do want to dictate to such people. But the secular people hate the religious so very much that they feel threatened by their existence and especially by their being in power. That’s how you get 300,000 people turning out for demonstrations in the middle of the day.
The people who work in gas stations and stores don’t have the luxury of taking the afternoon off twice a week to protest
Having now read up on this, I note the following:
1. Israel has no constitution.
2. There is some suggestion that the judiciary differentiates between “basic laws” and other laws, claiming a special right to enforce the former. But there is no test for determining what laws are basic laws.
3. The Israeli judiciary is a self-perpetuating entity (members are chosen by judges and lawyers, apparently without ever being subject to being checked by the electorate).
4. For the last 20 years or so, the judiciary has increasing sought to assert its superior power as respects the Knesset, the legislature, often based on no more than its own differing opinion of what is reasonable.
5. If not checked, the judiciary will become the supreme power in Israel.
6. That is why the government is proposing judicial reform.
I don’t like the idea of granting all power to just one institution. But, given the choice between entrusting the final power to the Knesset, an elected body, and the judiciary, which is wholly unaccountable, it seems to make sense to prefer the Knesset.
This is what happens when you don’t have a well-defined system for separating power
I am no expert on Israel’s constitution but it seems uncomfortable to me just as an observer over the years to see how the courts in Israel seem to get in the way of good policy.
The reforms are pretty sweeping it seems but in light of what I’ve seen from courts all over the world recently they are on a crusade for Global Order it’s probably way past time for legislation this drastic.
‘National disruption day’ in Israel: Protesters block roads, delay trains https://www.jpost.com/israel-news/article-732986
Yes indeed.
Desperate men run at the mouth.
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.