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Seeking to Bring a Measure of Balance to High Court of Justice


scale.jpgIt is no secret that Israel’s ultra-libertarian High Court of Justice is very left-leaning, frequently releasing rulings that contradict Torah Law as well as appearing to be contrary to national security interests, such as last week’s ruling opening Highway 443 to PA (Palestinian Authority) motorists.

A Ministerial Legislative Committee convenes on Sunday to decide the future of the character of the court, if the number of justices will be increased from 15 to 18. Adding to their decision, at least four justices are expected to announce their retirement in the coming year or two, so in essence, there is a possibility that about 1/3 of the justices will be appointed/replaced in the next year to two. This could have a significant impact on the future of the court, which now stands as a bastion of liberalism and promoting a western non-Torah agenda.

Right-wing MKs Dr. Michael Ben-Ari (Ichud HaLeumi) and Yariv Levine (Likud) are pushing for the increase in the number of justices, explaining the time is long overdue for the appointment of justices who represent a different philosophy.

Levine used last week’s controversial 443 ruling as an example, a ruling that sharply undermines the efforts of the IDF and security agencies, but one that is well in line with the view of Chief Justice Dorit Beinish, who is also opposed to adding more justices, explained by her opponents as her obvious attempt to maintain undisputed control over the court.

(Yechiel Spira – YWN Israel)



2 Responses

  1. The only way to change it would be to change the manner in which judges are selected, perhaps on the American model (appointment subject to getting a majority legislative approval). Under the current system, the existing judges control appointments. Given that Israeli non-Arabs overwhlemingly support a secular (i.e. anti-Torah) state, don’t get your hopes up. The problem is not in the structure of the court, but in the character of the Medinah.

    To radically change the Israeli system, it is necessary to remove persons other than Orthodox Jews from the legal and legislative process (e.g. ban non-Shomer Shabbos Jews from voting, holding public office, and perhaps from living in Eretz Yisrael). This is not realistic, though it would make great material for an alternative history novel.

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