Supreme Leader Bears Realized She May Win a Battle, But Lose a War - and Signs Her High Court Fellows on a Loyalty Document

Two heroes have this week - Prime Minister Benjamin Netanyahu and President of the Supreme Court Esther Hayot. To understand why, two basic assumptions.

The second day of the HCJ hearing // Photo: GPO

One: There is no doubt that the judgment on Netanyahu's term and coalition agreement holds a clear premise, which is common to most High Court judges - "the entire country is a trial." From Aharon Barak's creator, no judgment was given in the petition that in any other state would have been kicked out of court and defined as "unjustified."

According to that premise, there is nothing the court is not authorized to do. Aharon Barak, even before the Basic Laws were passed in the 1990s, wrote that a court can repeal legislation that contravenes the basic principles of the system.

The second: If there is no procedural or legal detention before the Israeli court's hyperactivity, only good old politics remains, which puts a stop to any governmental power. Horror Balance, Power Limits, Sticks and Carrots.

The reason that MK Tamar Zandberg of Meretz does not vacate all the communities in Judea and Samaria is the same reason that MK Bezalel Smutrich on his right does not apply sovereignty and builds tens of thousands of housing units on the back of the mountain - they do not have enough political power to do so.

When the political system stands firm and united in the face of the High Court and the court does not have enough political power to win it, the court will fold, compromise or withdraw.

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And so Benjamin Netanyahu is the hero of the first week. He formulated, for the first time in many years, through the coalition agreement he made with Benny Gantz, a strong and determined, unflattering coalition, which announced to the court above every stage: "Until now." If you get involved in the coalition chariot act, the chariot will continue its journey, make new choices and override you more thoroughly than any D9. And as with any good movie, Likud's lawyers and white-blue have made it clear that this is not a threat but a promise.

The second heroine is the president of Esther Hayut, and to a certain extent, her political achievement does not fall from Netanyahu's achievement.

She understood the political circumstances well, and realized that in this battle she could not win, and the political power must be preserved for the sake of the subsequent struggles. Therefore, animals convened under the ten judges who sat with her in the composition and signed them yesterday a fiduciary document. The activist judges on the verge of anarchism also straightened a line for glorious tactical retreat.

Everyone agreed to the result of non-intervention. We can read the worldviews and reasoning below, and explore the various camps in the "High Court Party." Just like members of the "58th Block" who signed loyalty to Netanyahu and allowed themselves to visit him on Twitter or in media interviews.

The bottom line is sad but clear. We would like to live in a country where the Supreme Court is not a political actor, and it follows clear and defined rules. The way to get there is to change the rules of the game with clear and determined legislation to restrain the power and reduce the powers vested in the High Court and the Judiciary. However, by this time, the High Court knows that only the political power understands and responds only to it. The task of our elected officials is to create the opposite political power and align the gaze with the High Court until he looks down.