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Opinion To continue the school: a fight for the legacy of the retired supreme president, Prof. Aharon Barak Israel today

2022-08-16T20:35:55.054Z

Even after the court's ruling, the last word must be in the hands of the legislators, who are allowed to act to change the legal infrastructure or to amend the constitution • This happens all over the world



The elected leadership of the Likud testifies that the spearhead of the opposition's struggle on the way to the polls will deal with delaying Benjamin Netanyahu's criminal trial.

There is almost no member of the first ten, and after that, who did not take a position in this spirit, whether in direct reference to the indictment against him or in a sharp criticism of the judicial system, the prosecutor's office and the police.

Everyone monolithically uttered words in the spirit of disgust at the very claim, and there is not even one who will say the truth in the boy's mouth: "The king is naked" as in the legend of "the king's new clothes".

Netanyahu.

The king is naked, photo: Olivier Fitosi / Flash 90

A constitutional tsunami

Although the parties will also deal with controversies in matters of national security, economy and policy, and even hair-raising stories about political rivals will emerge, but at the core of the electoral system will be the law.

Therefore, Netanyahu needs not only 61 coalition members to form a government, but also such a number of Knesset members who will support hasty legislation to curb the prosecution's witnesses.

In practice, as much as this is a stirring political drama, it is only the tip of the iceberg of a wider constitutional tsunami, which is summed up in the fight for the legacy of the retired supreme president, Prof. Aharon Barak.

Likud members vote in the primaries for the party // Photo: Moshe Ben Simhon, Yoni Rickner

The beginning of the controversy - in the decision of Barak's predecessor, Meir Shamgar, to open the High Court to the Palestinians, realizing that if Israel remains the ruler of the West Bank without annexing the territory, a resident of Nablus should be allowed to ask for his day in court, like any citizen in Ra'anana.

The late Meir Shamgar. Dean of Nablus as Dean of Ra'anana, photo: Tzachi Miriam

The legal iron dome

Aharon Barak expanded the scope of the judicial activism he led, turning it into a beacon of Israeli justice around the world.

The ruling he wrote on the issue of the separation fence in the territories is a work of thought, which repelled the Palestinian threat to turn to the International Court of Justice in The Hague, and from there to the Security Council dealing with the imposition of sanctions.

This possibility eludes the eyes of those dealing with international law.

Barak was Israel's legal iron dome, and anyone who seeks to erode his legacy because he decided here and there to return a piece of land to the Palestinians - does not understand what a hornet's nest Israel could degenerate into if it chooses this course of abuse.

As the advice of the Tanaim - "Wise men be careful with your words, lest you incur the obligation of exile..."

Aharon Barak

The Israeli Lighthouse of Justice, photo: Oren Ben Hakon

A legitimate debate

The debate about judicial activism is legitimate.

It took place in the Supreme Court itself, when Barak's colleagues, Dr. Moshe Landoi and Menachem Elon, preferred the conservative approach. There are right-wing and center-right people, Justice Minister Gideon Sa'ar, Naftali Bennett and Matan Kahana, who want to introduce changes in Barak's legacy - and that is natural. Every thesis In the course of history, the antithesis is answered until a compromise is reached.

It's just that these individuals wanted a factual discussion to strengthen conservatism, and not verbal incitement against judges and state attorneys and senior police officers.

There is, for example, no impediment to discussing a superseding clause that would allow the Knesset to overturn a Supreme Court ruling by a qualified majority, but when the public discourse is conducted in David Amsalem's rambunctious style - there is practically no one to talk to.

MK David Amsalem. There is no one to talk to, photo: Oren Ben Hakon

Crying for generations

If the path of Amsalem and Yoav Kish succeeds, the Israeli citizen will wake up in the morning to discover that the so-called "Barak school" has been displaced, and there is no one to protect him from the ghosts in the arena of international law and sanctions, and the concept of "crying for generations" will be copied from the exodus of Egypt to the exodus of Israel from the circle of enlightened countries while bruised and bruised.

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Source: israelhayom

All news articles on 2022-08-16

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