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Opinion Yes, fix it - before it's too late Israel today

2022-12-08T08:16:09.534Z


A judicial system without public trust is hollow and cripples democracy. The senior officials of the system also admit that the lack of trust may affect the level of compliance with judgments


Well-known and famous parties started a campaign in the last two weeks against the legal reforms planned by the elected government.

"The President of the Supreme Court begins to take off the gloves," shouted the headlines, "An animal prepares for war."

They were joined by Avi Himi, chairman of the Bar Association, who announced that "the government's plans will change the regime in Israel, we need to go to the streets."

Khimi's words also included a call to the judges to rebel against the government and not cooperate with the government's attempt to change the "seniority" system.

The second campaign that appeared recently claims that the new government must have a "dialogue" with the Supreme Court regarding reforms.

An interesting attempt, but does anyone remember an event where the judges conducted a "dialogue" with the Knesset before they trampled on its powers?

And above all this is the need for repair.

A deep, fundamental, serious amendment that will save the justice system from itself and save democracy, which is really in danger.

In the newspaper and website "Israel Hayom" this week there was a fascinating discussion, which went from the walls of the academy and the court to the people.

The discussion was based on a dramatic study by two researchers from the Hebrew University, Prof. Yonatan Givati ​​and Attorney Aharon Gerber, who stated that there has been a decrease of about 30 percent in public trust in the court since the constitutional revolution of Aharon Barak in 1992. The decrease is alarming, and from the analysis of the data it appears Because most of it happened before social networks were invented.

The usual culprits cannot be blamed for this decline in trust: not the statement on D9 by this or that MK, not Facebook or Twitter, not even the Netanyahu trial. All of these constitute a light blow in the wing, with the biggest blow being Aharon Barak and his successors. Public trust in the court Crashed because of Barak's constitutional revolution. He is the initiator and executor, he is the ancestor, and he is responsible for destroying the system. The judicial system is consuming itself in a cannibalism that stems from arrogance, disconnection and overimportance.

The public is not stupid, the public understands.

He understands that when everything is fair then nothing is fair, he understands that the cause of reasonableness is a subjective matter of worldviews, and he understands that the judges do not decide according to legislation but according to unclear criteria.

Then the trust will bite and bite.

We have reached a situation where the results of the verdict can be predicted according to the composition of the judges, and even worse - entire sectors that do not petition the Supreme Court at all because they know in advance what the outcome will be or that their chances are slim, and not justifiably so.

A judicial system without public trust is hollow and cripples democracy.

The senior officials of the system also admit that the lack of trust may harm the functioning of the court because it may affect the level of compliance with judgments. And it is true, without public trust the path to anarchy is very short. In the current climate, when the outgoing Prime Minister calls for disobedience, this is a worrisome option Absolutely. We must stop the anarchy.

The amazing thing is that the public's trust crashed and none of the senior members of the system woke up and called, did not try to heal, they were just looking for someone to blame.

And the culprits?

They are never them, but the politicians or talkbackists.

No homework, no self-examination, no soul-searching.

and therefore must be corrected.

Don't destroy, don't break - fix.

Israeli democracy needs a strong court, but cannot contain an omnipotent court.

In the face of the cries of the end of democracy, in the face of the threats of a civil war or the resignation of judges, we must continue on the path of correction.

To amend the system in which judges are appointed, to change the seniority system in the Supreme Court, to require a special composition and a special majority of judges to annul laws, to enact a superseding clause with a simple majority or a 61 majority, to correct the almost mythical status of the ombudsman, to abolish the Bar Association and more Our judicial system is too precious and too important to democracy to abandon it to the vortex it has gotten itself into. Therefore, we will fix it.

were we wrong

We will fix it!

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Source: israelhayom

All news articles on 2022-12-08

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