In the video: Judge Esther Hayut (Photo: Shlomi Gabbai)
In the "D9 wine" competition between Yariv Levin and Simcha Rothman, the latter is definitely leading.
The two realized that a private bill would be much more effective, faster, and detached from one or another wording dependency of the Ministry of Justice.
Therefore, Levin teamed up with Rothman, but don't worry, the latter's proposal is even more devastating.
She is the one who will go up next week for the first reading.
In the first step, the Knesset will be asked to approve the composition of the new committee for the selection of judges, and the prohibition that will henceforth apply to the High Court of Justice to repeal fundamental laws. The reason for the haste in enacting this prohibition is clear - seemingly, from the moment the High Court's right to even think about revoking a fundamental law is revoked, then anyway He will not be able to intervene in the other parts of the plan of destruction known in the ruse as "legal reform", which is almost entirely embedded in a fundamental law: the judiciary.
The time of the test is approaching.
President of the Supreme Court Esther Hayut (Photo: Shlomi Gabai)
As a bonus, the High Court of Justice will apparently also not be able to intervene in the new personal amendment of a fundamental law: the government, which is supposed to finally protect Deri. This will be a huge test hour for the Supreme Court, such as it has never been before, and here is the explanation: since the constitutional revolution carried out by the Knesset in 1992 (and not Aharon Barak as many say while grossly misrepresenting the facts), the High Court ran away like fire from the question of the constitutionality of fundamental laws.
On the one hand, he did not state that he did not have the authority to criticize them - on the contrary, the message in the rulings was that it was absolutely possible - on the other hand, he did everything to resolve legal issues without getting into this boiling heart.
This was also the case at the last Deri High Court. Some of the petitioners sought to cancel the changes made by the Knesset to the basic law: the government, which allowed Deri to be appointed to the position of minister, even without the chairman of the election committee examining whether there was any dishonor in his actions.
Since the High Court obliged the Prime Minister, Binyamin Netanyahu, to fire Deri on the grounds of plausibility and judicial silence, the judges once again preferred to avoid the explosive preoccupation and leave the question of judicial review of the Basic Law as something that needs to be examined in the future. However, the present quickly caught up with the future, and very soon The judges will no longer have anywhere to run.
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To the full article
Introduced a reform to destroy the justice system.
Minister of Justice Yariv Levin (Photo: Knesset Spokesperson, Dani Shem Tov)
The interference with basic laws was defined in the ruling in the doctrine of "the unconstitutional constitutional amendment", and it can be based on procedural arguments - a flaw in the change process, such as the one in 2017 regarding the biennial budget, but the second and more explosive level is the essential level - when a basic law contradicts or harms which is the basis of our democratic system.
What values exactly?
The retired President of the Supreme Court, Aharon Barak, always drew his views on the principles of the system from the Declaration of Independence - a Jewish and democratic state.
Many judges followed him in this matter.
Any legislation that harms Israel's status as a Jew, or as a democracy, will harm the basic principles of the system.
Prof. Yaniv Roznai, who published a book on the subject, claims that the Knesset, in its shutdown as a constituent authority, has a duty of loyalty, and it is limited against the destruction of the constitution (or in our case the fundamental principles).
So here comes the test moment.
Let's start from the end, after the Knesset prevents the possibility of the court canceling a basic law through fundamental legislation, petitions will immediately be submitted to the High Court claiming that this legislation goes against the basis of the existence of the State of Israel as a democratic state, and therefore this constitutional amendment is unconstitutional. The High Court will have to rule this time .
The possibility that the High Court will cancel this section of the Basic Law is extremely dramatic, the most dramatic there is. But on the other hand, it is difficult to see how it would not choose this option. If it rejects the petitions, it will definitively exclude itself from any judicial review of Levin's plan to destroy Rothman, That is - he raises a white flag in the battle for democracy, that is - the last fortress falls.
Apparently trying to prevent the High Court from interfering with basic laws. Member of Knesset Simcha Rothman (Photo: Reuven Castro)
Assuming he does not surrender, and the Knesset does not accept the High Court's ruling, we will reach a mega constitutional crisis that the State of Israel has not known, faster than we expected. At the same time, the High Court will also have to discuss turning the Committee for the Selection of Judges into an executive arm of the Prime Minister, this matter too, obviously, In the opinion of many judges, it goes against the basic principles of the democratic system in Israel.
And how is it possible without Deri, who is in charge of governmental corruption.
The previous amendment to the Basic Law: The government actually fired Deri from the Chairman of the Election Commission on the question of disgrace. Since this is a personal law, it is not impossible that if the High Court of Justice decided to rule on its constitutionality, it would rule that the amendment is unconstitutional.
The latest personal amendment to the Basic Law states that the High Court cannot cancel appointments of ministers, unless for reasons of competence in the law.
The Commissioner for Governmental Corruption.
Shas Chairman Aryeh Deri (Photo: Reuven Castro)
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This amendment, together with the amendment that the High Court cannot cancel an amendment to fundamental laws, is supposed to grant Deri a chain of immunity from impeachment, one that covers him from all directions. The main thing is that Deri lied to us about the fact that he has no fear of standing before the chairman of the election committee, since " I have no doubt that the chairman of the committee would have determined that there was no dishonor in my actions." He was so sure that he made sure that the Knesset changed basic laws especially for him time after time. This is a corrupt politician of unfathomable proportions. Much
has been written about the words of the President of the Supreme Court, Ester Hayut, in the same hearing that was nicknamed the High Court of Justice 11:0, the High Court that allowed the formation of the government by a criminal defendant. "The last fortress." "No fortress falls," Hayut said then assertively as she tried to calm down the statements that were perceived in her eyes as brawling.I'm willing to bet that she wouldn't repeat the same things today.
Today she understands very well that the fortress is in clear and immediate danger of falling.
It is true that the tens of thousands of good people protesting in the streets are trying to protect him with all their might, but the ones who will have to face this difficult test in the end are the president and the other judges of the High Court of Justice. Will the Israeli judges tell Rothman, Levin (and Netanyahu that he "does not touch and does not interfere") in real time - Haraf , remove your hand from democracy, is there no basic law that can prevent the judiciary from being an authority? Will they make it clear to the government and the Knesset that there is no basic law that can abolish the separation of powers, and that no basic law can abolish democracy?
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