Following the justice reform that the incoming justice minister plans to implement, including the expected changes in the committee for the appointment of judges, former justice minister Prof. Daniel Friedman spoke with Ben Caspit and Vinon Magal on radio 103 FM.
"It seems to me that she is going a bit too far, or going too far in some of my topics, it seems too much," said Prof. Friedman.
He also added that in his opinion there is a need for reform, but not the one presented by Levin.
"This is one aspect," Friedman said, "Our problems are not only in this area, we have very serious problems both with the atmosphere in the Knesset and with the fact that the regime's system has become, as they said, plasticine."
Prof. Daniel Friedman (photo: Walla! system, Reuven Castro)
"Everything can be changed at any moment according to some kind of momentary convenience. Everything can change at any moment, we lose the feeling that there is something stable in the system of the regime," Friedman explained, "It's not a problem that a court can solve, not a problem in its hands, but it is a problem In our governing culture that is changing. There is both hatred and contempt from one camp to the other. Such changes were also made in the Lapid government, it is not only in this government, but there is an atmosphere that the whole base, the stability we had with it, this thing is being undermined. Everything is subject to change at any moment from the ground up. For the most part This thing was done because of interest," he claimed.
Override clause with a majority of 61?
"I would like some restraining force"
When asked what he supports from Levin's legal reform, Prof. Friedman replied that in his opinion the possibility to intervene in cases of "probable cause" is essential, but he also went back and said that this should be within a certain limit.
"The intervention of the court in government decisions, or in Knesset decisions, due to unreasonableness and especially in the matter of appointments, seems to me unacceptable and should be abolished. On the other hand, I would leave the reason of reasonableness in petitions that concern the rights of private individuals."
Friedman also added that he would leave the "probability cause" in cases where it is not a decision or appointment by the government.
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In response, Ben Caspit asked him his opinion on the appointment of Moshe Ben Zaken to the Director General of the Ministry of Transportation. "Can a court resolve everything?
I don't think so.
If we talk about this appointment, then the appointment doesn't seem right to me," Friedman said, adding, "The question is, can the court resolve anything?
It seems to me that court intervention is the worst.
It creates tension between the authorities that exacerbates it even more."
Afterwards, the professor was asked about the overcoming clause. "I don't support it.
But my position is more moderate.
At that time, I submitted a proposal for a superseding clause, it was by a majority of 61 but subject to the condition - that there be at least a difference of five between the majority and the minority.
That is, 61 against 58 or against 59 does not pass," he explained, "in other words - 61 seems too little to me, yet I would like some restraining force, I don't want to reach something like 70. I would accept 65 or the other option I suggested, a gap of five or six."
Moshe Ben Zaken (Photo: Yehchat)
Also, the former Minister of Justice referred to the change in the composition of the Committee for the Appointment of Judges and said that in his opinion there should be a separation between appointments to the Magistrate and District Court and the Supreme Court.
"For peace and for my district, I don't think it's necessary to change the situation. The matter is mainly professional, one or another change can be made, but there is no justification for the appointments to be made by political power at all levels. This seems unacceptable to me. Nor is there any reason not to There will be lawyers in peace appointments at least. That's why in peace and in my district I would not support the change."
"Regarding the supreme leader, I don't see this absolute preference. The other option is appointment by public figures. I would not be against the addition of public figures, but not necessarily appointments by the government," Friedman said and offered alternatives, such as appointments by other bodies, including chiefs Cities or another body that will be established for the appointment of the Sibor representatives. "I would not like to see the government have an absolute majority in the appointments," he emphasized.
Deri's appointment?
"I don't think a supreme court can disqualify"
Finally, Prof. Friedman discussed the High Court petition regarding the appointment of Aryeh Deri to the position of minister in the incoming Netanyahu government. "I think this is unacceptable.
It does not seem to me that a Supreme Court can disqualify, and I have said this more than once - it is inconceivable that a Supreme Court will tell a prime minister whether or not it is likely that she will hire a certain minister," he said.
Aryeh Deri (Photo: Flash 90, Yonatan Zindel)
"One of the most absurd decisions in Deri's first law, the court instructs Rabin in the name of reasonableness to fire Deri. It basically tells him to 'do the most unreasonable act in the name of reasonableness'. It is completely unreasonable for Rabin to fire Deri, he undermines the government for himself , to increase the incitement against him. I am in favor of an escalation clause, a very moderate escalation clause," he concluded.
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