Thursday, May 26th | 25 Iyyar 5782

September 22, 2016 6:28 am

It’s Time to Rein in the Israeli Supreme Court

avatar by John Brent

Israel's Supreme Court. Photo: Wikipedia.

Israel’s Supreme Court. Photo: Wikipedia.

The Israeli people do not elect the justices of the Supreme Court; a committee, which includes presiding justices, appoints them. The Court is hence disconnected from Israel’s reality, its rich heritage and its people.

The Court is irrational, biased and issues rulings that lack fairness and common sense. It favors the leftist agenda, as well as Arab citizens who despise Israel (and their supporters, such as Peace Now and other NGOs that are working to undermine the Jewish state).

The Court has given itself powers that surpass the prime minister and the Knesset — and then it uses those powers to override any government action not to its liking. This is democracy run amok. It is time for the Knesset to show some self-respect and confidence by passing legislation to curb and restrain the Court.

The absurdity of the Court interfering with the government and the democratic process is an infringement on Israeli sovereignty, and an attempt to seize absolute power.

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There is something wrong when:

  • The Court, with an outright display of bias, arbitrarily removes Jews from their homes and communities in Judea and Samaria — the cradle of Jewish history.
  • Anyone can file a lawsuit with the Court, even if they are not personally affected by the case. Peace Now and other anti-Israel groups use this flaw to represent Palestinians who seek to destroy the Jewish State.
  • The Supreme Court does not investigate land ownership history, but with a nonchalant and forgiving attitude favors un-authenticated Arab claims while at the same time refusing to accept valid claims from Jews in Judea and Samaria, and other areas.
  • The Court allows illegal immigrants to enter and remain in Israel, despite the fact that they have clearly and intentionally broken the law.

Supporters of the Court claim that we must respect its rulings, because we respect the rule of law. The reality is that laws are applied selectively against Jews. It’s high time for this to end.

Since the Court has acted with illegally self-appointed powers, its rulings should not be legally enforceable. The Knesset should pass a bill that expresses this sentiment.

The Court needs to realize that it is not a governing body, but serves the democratically-elected government, and therefore it cannot just seize lawmaking and governing power from Israel’s leaders.

We should seriously investigate some reform ideas, such as having an appropriate screening process for appointees to the Court. Justice Minister Ayelet Shaked can and should lead that effort.

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