New kind of justice

Daniel Friedmann's appointment as justice minister to shake up Supreme Court

Haim Misgav|Published: 02.09.07 , 14:59

We can assume that former Supreme Court Chief Justice Aharon Barak already heard that something bad is about to happen to everything he built over almost three decades. The "constitutional revolution" he declared unilaterally will no longer be what he wanted it to be. The committee for selecting judges is also about to undergo a serious shakeup. A longtime, mushy tradition that was often reminiscent of the conduct of dark monasteries is about to end. In the future, apparently, we will no longer be reading verdicts reached "unanimously."

The attorney general is, of course, lauding the appointment of Daniel Friedmann as justice minister, as do all the rest, half-heartedly. But what they think deep in their heart is completely clear: What former Justice Minister Haim Ramon could have only dreamed about may now be put in practice.

Daniel Friedmann, the Israel Prize laureate, is apparently not scared of anyone. He isn't a politician and he also has no fear of academicians. What Supreme Court Chief Justice Dorit Beinish really didn't want to happen is without a doubt about to materialize. A series of top-notch legal minds – each one a prodigy in their own right – are about the fill the empty chairs at the High Court of Justice.

The concept of "friends" will no longer have any added value. The era of appointments born in the State Prosecutor's Office cafeteria is also over. We can already say with complete certainty that what was there before will no longer be. The constitutional makeup of the committee for selecting judges may also change entirely. It will become more transparent. Anyone would be able to receive meeting protocols. Statements will be open to public criticism. In the Supreme Court as well, we can assume, we'll see what in military jargon is referred to as "improving positions by stepping back."

Judges turn lives of too many into nightmare

We can also assume with great certainty that in the near future we will no longer see the bizarre sights of laws legislated by the legislator being annulled, or of subjecting the decisions by elected government bodies to the criticism of those who were never elected and whose performance is never reviewed by the public.

Aharon Barak once said that the judge sitting at the trial is also being judged. This was even truer in recent years, but nobody really thought about the failed selection of judges who come from nowhere and turn the lives of too many into one ongoing nightmare.

Yaakov Ne'eman saw all this but didn't reach the promised land. He wanted to revitalize what needed revitalization many years ago, but his path was blocked. He was replaces as justice minister by Tzachi Hanegbi, who was facing the prospect of an investigation during his entire tenure. He was followed by Yossi Beilin, another person who doesn't quite understand what needs to be done with the law enforcement establishment. Later we got Meir Sheetrit and Tzipi Livni, after Reuven Rivlin's path was blocked by yet another "investigation" that popped up somehow.

Actually, it's a pity to waste words on all this. In fact, the State of Israel got in this case too the rotten fruit that it got in many other areas. And when those are the justice ministers, is it a wonder that verdicts raise astonishment and that so many lost their faith in the law enforcement establishment? This is not only true for the right-wing camp, which suffered in particularly in recent years.

It appears that today even those who admire this establishment – most of whom being foolish followers of the "rule of law" – realize that in a free society, the tyranny of attorneys is no better than any other tyranny.