Legal expert: Nullification of law protects weak sectors of society

Sources in the legal system on Thursday tried to calm spirits following the High Court's decision earlier to nullify a clause of the law which allows to extend the remand of security detainees without their presence.

Professor Ariel Bendor, an expert on constitutional law from the university of Bar Ilan told Ynet that the ruling won't hurt investigative procedure.

"It is the third verdict that the High Court disqualifies because it impinges on the rights of detainees," said Bendor and added, "this serves as a statement, which is that the High Court holds detainee rights in high regard. They are only suspects, who have yet to be tried or proven guilty; that is why it is important to protect their rights."

Bendor rejected claims that the ruling was an unusual act, and said that the ruling puts Israel on a level playing field with other democracies. "Unlike the ruling vis-à-vis the privatization of prisons – which had a progressive angle even in international terms – the current ruling is classic, and the only unusual thing about it is the fact that it nullifies an existing law," he said.

Court annuls laws, Knesset does nothing

Sources in the judicial establishment also expressed concerns over the government and the Knesset's conduct following increased instances of judiciary criticism.

"The phenomenon of the High Court nullifying Knesset legislation has been on the increase recently," said one of the sources and added, "the fact that the government and the Knesset ignores this trend is worrying in of itself."

Another senior source in the judiciary system noted that "whoever thought the High Court under the direction of Chief Justice Dorit Beinish will promote less activism than during Aharon Barak's tenure – was obviously wrong.

"The High Court judges are concerned with protecting the rights of the weak sectors of society, and that's the way it should be," he said.