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Opinion One step too many? Rival Levin may crash off the cliff with the reform Israel today

2023-01-05T21:41:28.806Z


Levin's reform is critical in order to fix democracy - only that it must not be taken to the extreme, which will lead to corruption and arbitrariness √ and also the admission of the senior PA official in responsibility for terrorism


For many years, Levin's opponent accumulated great anger at the judges of the High Court and the legal system, like many others. He saw how the opposing ideological camp managed to create a dream mechanism, within the framework of which no matter what the voters say - the government and its contents will remain in the hands of one normative camp. Everything that is strategic and important It will be decided by a series of Supreme Court judges and their trainees on duty - the legal advisors in the government ministries.

The reform announced by Levin has been brewing for a long time, and it touches each of the components of the mechanism that created this distortion.

But, if the reform is enacted as it appears from the speech on Wednesday, it could tip the needle in the opposite direction, which is very dangerous.

Like someone who climbs to the top of a cliff and goes one step too far - to crash.

I myself have accumulated a series of experiences at the top and with the legal advice mechanism, many of them during the peak days of Aharon Barak's influence.

More than once it was clear that the judicial decision derives from a view and not from a state, from the personal perception of the judges before whom I appeared.

I especially remember a procedure at the High Court concerning a house in Yosh that was bought with full money, when two of the retired female judges who are today at the forefront of the public outcry against the reform sat in the panel.

I spoke in the language of law, precedents and legal literature, they were ignored and ruled politically, contrary to the law, justice and the position of the majority of the public.

The peak was when the former President of the Supreme Court revolted in a hearing against a clause in the Yosh legislation that I presented to her, which helped the settlement position, contrary to the position of the High Courts department.

"So maybe this is an unconstitutional clause," the president hastened to blurt out, until I presented her with a ruling she had participated in in the past, which used the same clause to rule against the Jewish settlement position.

High Court. There is a need to reform the system,

This was exactly the feeling in front of many opinions of the state legal advice.

A great many public considerations, fear of international reactions and endless irrelevant, non-legal arguments.

The audacity reached the positions that the attorney's office submitted to the High Court, allegedly on behalf of the state, which sometimes contradicted explicit government decisions.

These rules of the game should be corrected, and the court should be made to judge and the legal advisors to advise, nothing less and nothing more.

And it is worth remembering that the Supreme Court was able to protect the rights of the minority, the freedom of expression, against the abuses of the government, even before the era of Aharon Barak.

It is worth reviewing the courageous and shocking rulings of the president who preceded him - Moshe Landoi, who stopped the ruling arbitrariness of David Ben-Gurion more than once, but later opposed the judicial coup of Aharon Barak.

Justice Minister Yariv Levin presents his revolution in the judicial system // Archive photo: Yoni Rickner

However, connecting all the dots that the new Minister of Justice has put forward may lead us backwards.

For those first ten years of the country, in which the government also controlled judges and legal advisors without Egypt, blocking democracy and causing corruption and tyranny.

Therefore, the superseding clause should be enacted, but a mechanism should be created to allow the disqualification of legislation that really has a black flag flying over it.

Especially one that establishes corruption and grants unequal privileges to favored publics.

It is forbidden to touch the cause of reasonableness

It is important to balance the composition of the Supreme Court, but we must make sure that the judges who will be elected will be worthy, and that diversity will indeed be achieved in the Supreme Court.

And the reason of reasonableness must not be touched, because there is no more important tool than the reason that allows for objective judicial criticism of the arbitrariness, laziness and wickedness of the public apparatus.

I encounter this endlessly in administrative petitions and in high courts.

It is possible to examine the limitation of the use of this pretext with regard to appointments in the government, even though it would be possible to appoint ministers who were offended, such as Aryeh Deri.

But certainly not to allow the annulment of a trial for a politician like Netanyahu.

Yariv Levin signaled this week that it was necessary for the stabilization of democracy and the correction of the defects created in the relations between the authorities.

But it is necessary to conduct the move responsibly and carefully, lest we fall off the cliff.

Ignoring the confession of terrorism

Last week, the Israeli media modestly reported on the juicy curse sent by Hussein al-Sheikh, one of the senior officials of the Palestinian Authority, against Chairman Abu Mazen.

A senior official of the Authority called the chairman "sixty-six thousand years old", in a closed conversation that was secretly recorded. It's just that the media reporters missed the most important sentence, in which one of his closest associates accused Abu Mazen of being "a partner in anarchy and wants it to continue". That is, a partner To the wave of terrorism and violence that washes over Yosh, a significant part of which is carried out by the PLO's own sisters-in-law.

The confession was recorded from the horse's mouth, but it did not change anything for us.

The outgoing Israeli government and the heads of the security establishment ignored this tape and the solid intelligence information they have, against those who were systematically "strengthened" by Benny Gantz, Yair Lapid and the establishment.

They ignored, for example, a public announcement by the PLO executive committee, which convened in Ramallah about three months ago, according to which "the Palestinian people have the right to fight the occupation with all the means at their disposal." This is an explicit statement thanks to the shootings and attacks, the likes of which we have not heard since the Oslo costume ball.

A mess in Fatah. Hussein al-Sheikh, photo: from the Facebook page of the Minister of Civil Affairs in the Palestinian Authority

They ignored what Nablus Governor Ibrahim Ramadan said in a press interview.

Ramadan said that Abu Mazen stated to the governors of the Palestinian cities in a closed meeting that he supports the struggle of the armed men, that is, the shootings and attacks.

The disregard also includes the incitement and call for war by the PA's sisters-in-law, for example the Fatah activists who this week celebrated the anniversary of the first attack against Israel by praising the attacks and shooting. h in terrorist attacks.

The results of the policy of ignoring and burying one's head in the sand are burning in the field.

In the Jenin area, in Nablus, in other places in the Yash, terrorism returned in a big way, as it had not been since 2002, with the involvement and encouragement of the top of the Palestinian Authority.

Abu Mazen.

Untied the reins?, Photo: AP/Archive

The same Israeli policy is also demonstrated in the face of the diplomatic mega-terror campaign that the PA is conducting against us in the world.

For example, the discussion in the Security Council yesterday regarding the Temple Mount and the decision made this week in the UN Plenary to refer to the Hague Tribunal regarding the Israeli "occupation".

One hand murders and tries to make life miserable for us in the field, and the other hand strives to make Israel a leper in the international arena.

Abu Mazen himself brags about this line and declares in friendly forums that he is proud to be a diplomatic terrorist against Israel.

This terrorism, by the way, completely contradicts the Oslo agreements.

The State of Israel behaves in the face of all this lazily and miserably.

Benny Gantz and Yair Lapid, the successors of Rabin and Peres, only encouraged the monster to continue growing.

But what will the incoming Israeli government do in the face of the snake that bites us from our doorstep?

Judging by what Binyamin Netanyahu did in all his years of leadership - absolutely nothing.

The only ones who have real expectations in this area are Itamar Ben Gabir and Bezalel Smotrich.

The challenge and the responsibility are laid before them.

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Source: israelhayom

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