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Friedmann and Beinish. Head-to-head
Photo: Gil Yohanan

Friedmann to distribute bill limiting High Court

Justice minister aims to create public discourse following his demand to expropriate court's right to intervene in foreign affairs, defense issues; Knesset likely to vote on bill only after elections

Justice Minister Daniel Friedmann is expected in the coming days to distribute his bill aimed at limiting the High Court of Justice's authority to intervene in security-related, political and budgetary issues.

 

Friedmann plans to distribute the memo despite the fact that the issue won't be voted on in the current Knesset, hoping that the publication will create a public discourse by the time a new government is formed.

 

The minister submitted his bill last year, but was eventually forced to freeze it due to Supreme Court President Dorit Beinish's strong objection.

 

In the past he expressed his opinion that there are issues which are not justiciable, but that according to him, the court does not recognize today. Thus, he said, the judges intervene in issues in which they have no special expertise, like defense and foreign affairs.

 

"The most outstanding example is in terms of the State of Israel's struggle against those seeking to destroy it," the minister wrote in the memo. "The defense measures other countries would take in an almost self-explanatory manner are subject to prolonged delays in the State of Israel."

 

Friedmann clams that the High Court should not have intervened in the issue of cutting the power supply to the Gaza Strip.

 

"The court recently dealt with the limitations on electricity supply to Gaza. The entire issue was delayed for many weeks, during which Israeli communities were shelled ceaselessly. Is this really something the court should be handling?

 

"It's hard to believe that any court in any other country, where communities are subject to bombardments from a hostile territory, would think of dealing with this. The delay caused by the High Court procedures endures a heavy price," Friedmann explained in the memo.

 

According to the minister, the High Court's activity in terms of issues it is not responsible for damages its status and reduces the trust in it.

 

'High Court undermining public trust'

According to the memo distributed, the new bill will not allow the court to discuss any issue. If it is adopted by the Knesset, the law will determine that decisions related to Israel's foreign affairs, launching a military operation, appointing a commission of inquiry, the State's expenses or priorities in terms of allotting budget funds – will all be defined as decisions "whose dominant nature is not suitable for a court decision".

 

Minister Friedmann added that "when the court decides that it is authorized to make decisions related to socio-economic policy, it is perceived by the public as the executive authority expected to deal with the pensions.

 

"The result is that after creating expectations that it is authorized to deal with the issue, the court is forced to withdraw, undermining the trust of those who cast their hopes on it," he wrote.

 

Another proposal included in the memo calls to prevent the Supreme Court from interfering in the appointment or dismissal of ministers or deputy ministers, unless the court comes to the conclusion that rules set in Basic Law: The Government have been violated.

 


פרסום ראשון: 11.17.08, 08:06
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