Opinion | The test of Saar and Shaked: to stop the appointment of Aharon Barak's spiritual successor to the Supreme | Israel today

1.

Four new judges are expected to be elected to the Supreme Court soon.

In Israel, this is a mega political event.

Given the immense power of the Supreme Court and its activist and opinionated involvement in shaping social and national values, coercion or restraint of policies, governance and legislative processes, it is understandable why electing four new judges, out of no more than 15 at most (currently serving 13), is an event Critical with future implications, almost like elections - and maybe sometimes more.

Therefore, the nine people who will soon convene in one room to choose the identities of the four new judges are equivalent to one ballot room - which alone decides on 30 or 40 new MKs - and others that are automatically nominated for a coalition.

How much power they have, how dramatic their decision will be to determine the character and image of the Jewish state in the coming decades.

Shaked and Hayut in the Judicial Selection Committee in 2018, Photo: Oren Ben Hakon

2.

The committee's chairman is Justice Minister Gideon Saar, who may or may not have submitted a bill this week demanding a restriction on the prime minister's tenure. Or not - we will leave for another time. Netanyahu will ostensibly be excluded, but it is clear who Gideon Saar considers the only barrier between him and the sympathy of the masses. No matter how humiliating the results of public opinion polls, Gideon Saar will continue to appear in interviews Of “New Hope.” Like any tiny left-wing party, Saar is also beginning to develop the dissonance complex between self-perception (we are amazing and important and valued), and true public status (below the blocking percentage).

This is perhaps why Saar does his best to stand out as the hero of the only-not-bibi class, and perhaps to bypass Naftali Bennett as the one who will present to the Likud-hating public the head of the most charismatic and dominant right-wing leader of the last generation.

But, as mentioned, it is not personal and therefore we will address the substance of the matter: Saar is the one who promised reforms in the judicial system and relations between the authorities - and here he completely abandons the main reform he promised - splitting the role of ombudsman, further strengthening and strengthening the power of the judiciary to intervene In democratic freedom of choice.

Justice Minister Gideon Saar.

Promised reforms in the justice system, Photo: Oren Ben Hakon

3.

Let us return for a moment to the election of the next Supreme Court, because it will be the most important, but most important, test of Saar in particular, and of the right-wing parties in government in general. And before we explain the magnitude of the incident, let us mention two important facts: First, that the Minister of Justice has excess authority in the committee. He can refrain from convening it, which is tantamount to vetoing, in order to prevent appointments that he believes, by virtue of his democratic authority, that are unworthy. In other words, the Minister of Justice has no ability to appear before the public and say "this was forced on me" or "I had to compromise" as an excuse for an appointment that stands in stark contrast to the world of values ​​to which he is committed. And the second statistic to keep in mind is the seniority system in the Supreme Court, which dictates the identity of the president of the court even two decades ahead. For example, Judge Dafna Barak-Erez was appointed with the great support of Dorit Beinisch and began serving at the age of 47, which means that we already know that according to the seniority system, she is expected to be appointed president of the Supreme Court in 2032.

The president of the court is not just the first among equals, he is the leader of the judicial system and determines its character.

And in a situation where the system already knows the future president, it is organized accordingly in terms of shaping its values, its human landscape, and ultimately - its rulings as well.

The best example of this is Justice Aharon Barak, who led the judicial revolution in Israel and its impact on the character of the state and its conduct today is considered, and some would say even greater, than that of some prime ministers who have served here - to this day.

4.

Therefore the important thing to do in the coming days, is to look closely at the list of candidates for the Supreme Court, and check carefully who is a candidate of whom and who is promoting whom. And within this list, there is one name that every citizen seeking democracy in Israel must know and memorize: Judge Yigal Marzel. Marzel is a foster child of Judge Aharon Barak; He interned with him, he passed as his legal assistant and special professional assistant, and Barak is also the one who appointed him to the position of registrar of the Supreme Court. But the one who will take Barak's judicial revolution to its next level. A look at the articles he has published will reveal to you an activist judge on steroids. The intention of the legislature is to challenge the judges' interpretation of the law, in other words:He advocates a free but binding judicial interpretation of the law.

Minister Shaked alongside Yigal Marzel, the candidate for the Supreme Court, Photo: Yehoshua Yosef

What perhaps not everyone knows is that Judge Marzel is the most important and central candidate on the list: he is the candidate promoted by the president Hayut, for whom she will "commit suicide."

And he, too, because of his young age and seniority system, will be appointed and immediately become "president of the future."

In other words, the judicial revolution has already determined at least 20 years ahead the identity of its leaders.

Presumably in exchange for Marzel, Animals would be willing to compromise on the other three, provided Marzel is appointed;

It's a bit like giving up the appointment of 2-3 ministers, to ensure the identity of the prime minister.

This appointment is the most important and urgent thing of the justice system today, to prevent any possibility of future reform - reforms of the kind that Gideon Saar once undertook to lead.

5.

And this is the big question for Gideon Saar, and also for Sara Eilat Shaked, a member of the Judicial Appointments Committee: Will they give Aharon Barak, Esther Hayut and the High Court nobility what they want - or will they veto them as their worldview dictates, which they do not stop preaching and swearing from morning to evening?

The right and the national camp have many reasons for concern.

So far we have seen a joint photo of Gideon Saar and Judge Hayut hanging out together for dinner with the couple.

Symbiosis and harmony are wonderful - especially when we have not yet seen a parallel picture of Saar with Shaked and another right-wing committee member, MK Simcha Rotman. On reforming the legal system, I will not personally crown Aharon Barak's successor and continue his clear path.

Gideon Saar and Ayelet Shaked in the Knesset Plenum., Photo: Danny Shem Tov - Spokeswoman for the Knesset

And not only must Saar and Shaked ensure the Israeli right to prevent the great victory for Aharon Barak and the judicial revolution, they must ensure a massive reform of the judiciary: splitting the role of the ombudsman as explicitly promised, reform to increase the number of judges to at least 10-15, enactment of tenure , And especially: restoring the right balance between the three authorities. It's not wise to go against the base you abandoned with a law restricting the prime minister's tenure. Let's see if Saar and Shaked are able to go against the system.