In 2002, when Aharon Barak served as Chief Justice and at the height of his power, he spoke to anxious law students at Kiryat Ono and told them: "When a day comes and there is a violation of your rights as a minority, Parliament will not protect you because you are a minority, but the court will protect you. As it protects every minority. "

Since that day, the Supreme Court, the minority protector, has overturned five laws and many governmental actions that were promoted in favor of the ultra-Orthodox minority. Parliament, the "minority enemy," exempted the ultra-Orthodox public from mobilization and budgets, and the Supreme repeatedly used its power to strike a minority. The same court, the minority defender and human rights guard, gave the government an "open check" during the disengagement to violate the rights of protesters and settlers, gave green light to wholesale detention and allowed the demolition of homes and settlements, without requiring the government any justification or justification.

The court rejected the petition on Ariel Sharon's trial, which was filed at the time by the Movement for Quality Government. Justice Cheshin, who was a minority, later said: "I did not think to be a minority, but at that time the entire people wanted Sharon not to stand trial because there was the disengagement plan - and if Sharon was to stand trial, there would be no disengagement." Of course, he immediately added, "I'm not saying that's what most judges thought, God forbid," but it has to be naive to believe it.

When the Knesset passed the impeachment law three years ago, which allows the MK to be ousted because of terrorism support, the Knesset's legal advisers knew to ring all the alarm bells and demand that the Knesset not conduct this quasi-judicial process during an election period. Contrary to all opposition cries for the majority and the rule breaking The Coalition adopted the proposal, included such a provision in the Basic Law, and added to the impeachment process all possible balances and brakes.

The Knesset also decided that the procedure to be followed in the form of immunity hearings, for which the Supreme Court has already established many restraints as a defense against the politicization of the quasi-judicial procedure of immunity. The majority, the "gatekeepers" on their own in legal advice and the High Court will also impose the same restrictions on the future majority.

The Knesset's opinion of the Knesset, which suddenly became the one to pour oil on the wheels of the regulating committee and accelerate the proceedings, surprised only those who did not learn from history. Balances and brakes are used by the judicial system only to provide service to the values ​​and political perceptions of its members. Block populist sentiment only when it is inconsistent with their own sentiment.

Netanyahu claims he avoided applying sovereignty to the valley because we are in an election period. He continues to play chess "by the book," while his rivals, backed by up-to-date opinions, have long moved to freestyle wrestling. In vain, the Likud is trying to petition the Supreme Court to intervene or demand the Knesset to avoid immunity. As Prof. Ruth Gavison wrote, "Netanyahu has no chance of getting justice."

Understand the pitch conditions and make changes, rather than trying to follow the rules set ad hoc by your opponents.

Adv. Simcha Rutman is the legal counsel for the Movement for Governance and author of "The High Court Party - How the Attorneys Conquered Government in Israel"