High Court decision shows that President Beast has managed to steer its members to the right destination and skip the trap • The High Court's activism depends on the person holding the wheel, which may well be good news. • And also: the excellent treatment of Corona
Composition of the Supreme Judges in the petitions against the Unity Agreement and the Prime Minister's Office under indictment
Photo:
Yossi Zamir
Retired President Aron Barak's secret weapon and President Esther Hayut's personal charm. Anyone who knows her more closely, always calls her Esti. Its enemies will have trouble accepting it. They call it harsh nicknames. I saw her at the funeral of writer Aaron Appelfeld, who was a close friend. She carried an unusual obituary, waiting, beautiful. If you fall into captivity, it is difficult for you to enter into an assault configuration afterwards. You try to avoid it at all.
Others were present at various, intimate events, and also had examples of sensitive and warm behavior at levels you do not dream of seeing in senior figures in the country. Still, they'll tell you that some of their pain stems from the clear recognition that "Estee" has lost its way.
But the High Court's decision on both counts regarding Benjamin Netanyahu's qualification to serve as prime minister under indictment, as well as the cumbersome and cumbersome coalition agreement, shows that the president has succeeded in steering its members to the right destination. Prof. Alan Dershowitz and other experts feared that the top judges were in the trap. The worst place for the court is, of course, that recognition of the crisis in Israel, including the timescale of the establishment of the government, played a crucial role even if there were only clues in the text of the ruling.
The decision promises that a new government in Israel will be sworn in next week. That's a tremendous thing. And maybe that will make it difficult for Prime Minister Netanyahu, because on very important issues he will no longer be able to decide as a soloist.
Don't threaten with the assistance
What is on the cusp of Israel's political and legal crisis is the treatment of Corona, which is also valid for the US elections this fall
I heard from legal experts that they believe Edelstein's ouster by the Supreme Court indicated a loss of judgment. Where can one find justification for replacing the incumbent Speaker of the Knesset, whose resignation has not yet taken effect, by someone else who the court becomes an active partner in his temporary administration? It is simply lacking a constitutional and statutory basis. It is as if a fire broke out in the state. Animals acted as Netanyahu's lawyers and parties to the unity agreement immediately prepare their response until Independence Day, to foreign, American observers, which is sad, because animals invented a non-existent principle - "court efficiency." Moreover, it interfered with the way it was conducted. The defense.
This week's move, made in the service of political and social officials who were interested in torpedoing the unity government, put the president alive in a very difficult position. More than before, she was seen as responsible for a deep constitutional crisis added to the socio-economic crisis caused by an epidemic outbreak. The combination is a weakening strategic event for Israel. The Israeli institutional elite does not always understand this, but a paralyzing crisis at the constitutional-political level risks the country more than serious security incidents.
When Israel is seen as an unstable state whose future cannot be decoded, with which agreements cannot be made and what cannot be expected from a political-political day - its international status declines, as does its neighbors and enemies. What somewhat balances the fragile situation that Gantz and Netanyahu tried to overcome is that the State of Israel has led a very successful campaign against the epidemic, resulting in a rising position and a demand for international partnerships.
Former British Prime Minister Tony Blair said in an interview with CNN that states would now be examined according to how they handled the Corona epidemic. Minister of Economy Eli Cohen believes that Israel is looked at as well as other governments that have succeeded in the test. This will have political and economic implications.
Former Obama Obama's Middle East advisers Robert Maley and Philip Gordon are urging Democratic candidate Joe Biden to make a clear statement that will deter Israel from applying sovereignty in the Valley. The penalty for Israel in the event that you decide to annex will be offsetting US aid. The problem is that even if Biden is elected - it will not be the same US that could press Israel and politically subdue it in the past. And it is not the same Israel either. Israel is responsible for tens of thousands of jobs in the United States, and it will not be in the position Produce pressure. In the end, the effective level of US aid to Israel is about $ 1.5 billion.
From lightning to animals
The High Court's activism depends on the person holding the wheel, which may well be good news
Some of the legal experts I asked to be impressed by the High Court of Justice told me they preferred not to watch it. It hurts them. It causes them more stomach pain than headache. The court is expensive for its critics, right on the mental level. Now it is clear that the fear of mass suicide has not materialized. .
High court judges could give relief to those who wanted to torpedo the government; but by the way, they would shoot themselves in the foot. Senior jurists were very concerned about this possibility. Most academics are lined up behind the head of the keynote speaker, Prof. Susie Navot. There are some who are happy to see the Supreme Court deteriorate from one to the other and lose confidence in the public, but learned High Court critics are not happy at all and wait for the Supreme Court judges to come together. This week we may have seen the long-awaited recovery, as a House The Supreme Court is a large institution in the State of Israel and its independence, strength and symbol of the rule of law They are part of the inner and outer strength.
Contempt for democracy. Shraga // Photo: Oren Ben Hakon
After the Edelstein incident, the president reported that large parts of the public revolt against the illegal intervention in the Knesset's work, in fact the Supreme Court's takeover of the Knesset. Hope she got the message. The hearings this week provided a partial response. The public saw the judges in their work and could have been impressed that the court was open, free, but respectable exchanges. The more active justices demonstrated a desire to stick to the law, and posed pressing questions to both the party's and Netanyahu's attorneys, as well as petitioners' representatives Eliad Shraga and Daphne Holt-Lechner. They demonstrated that they were strict and critical of the petitioner's representatives.
It is a little different from the Supreme Court rulings and hearings in recent years. Legal experts say unequivocally that a written legal document, not to mention a written basic law, is no longer important to the High Court judges. Judicial activism in the courts of Europe and the United States should not be compared with judicial "activism" in Israel. Here, imperialism with a tendency to tyranny. Legitimate, even if there are more and more academics criticizing this activism.
It was President Aharon Barak's activism that had a stature. Barak is the original sin of constitutional trouble in Israel, but as I have heard from some, as long as he was president, there was a feeling that the hand at the helm was of a stable, disciplined person. Does carrying animals now hold two hands at the wheel? It is estimated that she will not turn a blind eye to the conduct of the next government.
In one of the moments this week, in the High Court hearing, Justice Yitzhak Amit commented that "Knesset members are expressing the will of the people." Eliad Shraga's response expressed a disdain for democracy: "MKs do not represent the will of the people ... There are other motivations among them. hidden". Shraga, who has invested so much in the petition and in the fight against the government, will also voice against the Supreme Court succumbing to political pressure. This is how he'll probably display it.
Judge Noam Solberg may be surprised to finally find himself speaking in unison with the rest of the cast. He is today the highest level judge in the Supreme Court. Always presents a sharp and clear argument. He usually climbs the high walls of the courtrooms, but never exposes his frustrations.
As the dust of the stars subsides, we are left with phenomena that do not go away at the end of the broadcast. Interference with another authority, a legislative act over the throne, calls it "tyranny" in the American language. And against tyranny you have to fight.
The last fortress
The trial is good for the EU courts, but not here
David Wormser is a Jewish Republican, a former Bush administration official. He published a paper this week analyzing the conduct of the president and the Israeli Supreme Court. He raises an argument that I have not heard before: that the Israeli Supreme Court draws its inspiration and action from the European Union High Court of Justice.
Wormser says that while the view of the cultural-political system in Israel is tending to the American and British legal system, the court and the legal system as a whole are clinging to the European tradition. And the EU court simply sees itself as superior to governments, and EU sovereignty stems from it more than from European governments.
The classic example that Warmerser presents is that of the Tel Aviv District Court, which enlisted in favor of leftist environmental organizations who wanted to sabotage and torpedo the gas outline. What is the District Court's strategic policy and the Israeli government's security and economic policy? It's simply a contest for power. The appropriation of governing powers by the court creates a parallel government to the legal government.
The secondary government is operated and served by NGOs, because they serve the Supreme Court's judicial-imperial imperialism.
David Wormser did not reiterate in his argument that the Court represents the last left-wing political-cultural fortress that lost its ability to replace the government in elections. What's new is that outside observers are also beginning to understand the roots of the Israeli regime's entanglement. When someone said at the time that D-9 should come up with the High Court, it was bad taste. When many use the phrase "High Court dictatorship," it tastes bad. The coalition agreement itself transmits bad taste. Perhaps this shows, as George Steiner argued, that "there are moments when bad taste is the last refuge of common sense" (thanks to Prof. Maoz Azariah who found the quote).
According to Prof. Alan Dershowitz, a decision such as this one will reduce the power given to prosecutors and police officials to intervene in the future by filing indictments that may not end with convictions.
The court's decision expresses self-restraint. It allows Netanyahu to reach the moment of inauguration. Then, God is great. It's hard to find many Likudniks who believe that Benny Gantz will be prime minister after a year and a half. Each one draws its own reasons. Among other things, unexpected interventions by the justice system, including such and other investigations.
The High Court's decision granting Netanyahu's clarity in the conflicts of interest agreement is certainly a new and healthy norm in the State of Israel. On the contrary, by Dershowitz's warning, the decision would cool the motives of the subversion organizations to undermine Israeli rule. Ehud Olmert's resignation at the time In the last election year, he returned to star as a TV commentator, but the real reason Olmert resigned was not out of respect for the rule of law, but because he lost the confidence of the people and his coalition leaders, led by Ehud Barak and Tzipi Livni, who demanded that he resign.