The State of Israel is speeding towards a constitutional abyss that it has never been in before.
The "tension between the authorities" was converted into a zero-sum struggle, and if anyone had any doubts - yesterday it was made clear that we were headed for a dangerous trench war.
The president of the country has woken up from winter sleep and is offering talks, there is no possible agreed compromise on the horizon.
When all this is mixed with the issue of a Prime Minister accused of crimes, we find ourselves in the "Russia-Ukraine" of Israeli law.
All Dalim man.
In the Levin reform there are good and important clauses, which great legal thinkers such as Gavizon, Mautner and Deden spoke about and rejected.
Their concern is to put checks and balances on the judiciary, which in many cases converted the discretion of the voter's representatives into the discretion of the judge.
He is Plato's "Philosopher King".
But the reform took the legal-conservative worldview to the extreme, such as a complete takeover of the committee for the selection of judges, when all the dramatic sections of the reform are passed as one piece and at revolutionary activist speed, without a measure of caution.
Prime Minister Netanyahu and Prosecutor Shit Gali in Rabbi-Miara, photo: Yonatan Zindel/Flash 90, Oren Ben Hakon
Justice Minister Yariv Levin presents his revolution in the judicial system // Photo: Yoni Rickner
In her opinion, the ombudsman, as expected, dismisses all the sections and her reasoning with her, except that this is where we go. "This means all mine, and this means all mine." And above all, both sides are not ready to assimilate: the reform will not pass as it is, and the judicial system will not remain as it is It is the basis of a compromise, the parties give up and gain.
Not that Rothman or Levin are at all open to negotiations, but that even in the judicial system they are not ready to compromise on even one section of the reform.
one.
As a senior jurist in the civil service put it in my ears this week: "One side's maximum is far from the other side's minimum."
doomsday weapon
In this situation, the ombudsman dropped a bombshell. The reform is a "damage to the nuclear characteristics of the state as a Jewish and democratic state," she wrote in her opinion. The wording she carefully chose is consistent with the way the High Court formulated the test for interference in the enactment of fundamental laws, as part of the "constitutional amendment" doctrine the unconstitutional" - a doctrine that has not yet been formally accepted in Israel and certainly has not yet been applied.
Levin and Rothman in the Constitution Committee, photo: Oren Ben Hakon
In the Nationality Law High Court, the judges of the majority opinion wrote that it is possible to interfere with fundamental laws, but this option is reserved for extreme cases. Judge Neil Handel wrote in the ruling: - I won't dispute that." And now, the theory has become a fact, at least the approach of the ombudsman.
This doctrine is a doomsday weapon.
It places the court, as the judges themselves wrote, above any normative framework.
Or as Prof. Yoav Dotan called it, "It's not the rule of law, it's the rule of the judge."
Yes, except that it will invite the counter-reaction - explicit calls from the coalition, half the people, to disobey the verdict.
From there the trade will open.
That's where we headed.
and that the latter will close the light.
Stretch the rope
In the conflict of interest settlement, Netanyahu is prohibited from engaging in the legal system.
With the announcement of the reform, Netanyahu remained silent and slowly boiled the frog until explicit statements in praise of the reform, which are calls to his people to promote it.
In terms of the arrangement it is borderline, but why go there and stretch the rope?
President of the Supreme Court, Judge Esther Hayut.
In the Nationality Law High Court, the judges of the majority opinion wrote that it is possible to interfere with basic laws, but this option is reserved for extreme cases, photo: Oren Ben Hakon
The ombudsman, of course, reacted to this and warned him, stating that aspects of the reform may undermine the ability of the gatekeepers to preserve the continuation of his trial. Only recently did Netanyahu try to fire drivers who are prosecution witnesses. After the reform is passed, who is the coalition partner that will stop a kind of disturbed French law that will prevent the conduct of proceedings Are they held against Prime Minister Mochan?
Does that sound too apocalyptic?
Last night, Netanyahu submitted a response to the movement's petition for the quality of government, declaring: "The arrangement is not acceptable to the prime minister."
what is he planning
The ombudsman has only two ways to enforce the conflict of interest settlement, but they are only on paper. The first, a criminal investigation. Netanyahu is accompanied by numerous defense attorneys, and knows that statements in praise of the reform and even against the enforcement system do not meet the criminal threshold. The second, putting him in prison. But this It is not an option - it has no basis in law. It relies on two incidental comments in High Court rulings, so the Ombudsman does not have the authority to press the red button and bring down a government with her own hands.
Destruction is not a decree of heaven.
The right-wing voting public has already spoken to the judicial system, it seems that the time has come to shoot the APC as well.
were we wrong
We will fix it!
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