Israel's courts under attack
Moshe Ronen
Published: 04.12.11, 21:00
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30 Talkbacks for this article
1. NONSENSE! The court is indeed and at
Israeli 2   (12.04.11)
least a biased, leftist, anti religious court. The Israeli court system is flawed. Many Israeli laws derived from self-centered leftists are flawed.
2. U.S. model
Leon Zacharowicz MD ,   New York   (12.04.11)
The American model is worth considering. The executive branch comes up with a candidate, who is vetted by the legislative branch, and upon successful confirmation hearings becomes a Supreme Court justice. There is thus a reasonable balance of power and interests, instead of an elitist group that promotes like-minded individuals to join its exclusive club and whose ideology is clear for all to see.
3. Leftist Supreme Court is corrupt
Rachel ,   US   (12.04.11)
A better justice selection process is needed instead of justice' choosing their friends.
5. Beinish ! Who elected you ? NO ONE !
6. To Mr. Ronen
Abraham Nachmias ,   Petach Tikva IL   (12.04.11)
You write very nicely! Just one point, are you saying that the said against the court is false? Are you saying that 10 Ashkenazim in a total of 12 is false? Are you saying that 11 far left between 12 is not truth? Are you saying that most of the judges in court don't live in the same neighborhood in Jerusalem? Are you saying that the Supreme Courts doesn't rule even in security matters? Because if you are saying so, your credibility is very, very compromised!
7. Supreme Court...It is quite clear that..
shadoil ,   Jerusalem   (12.04.11)
they have over stepped their mandate to retain law and order and long time since went into dictating what is "proper democratic philosphy , attitude and approach to all social and political issues". I remind Judge Beinish the mandate of a court is to retain law and order. THAT IS ALL!
8. An Absurd Article
Reuven   (12.04.11)
The Supreme Court wants to take the Jewishness out of Israel. It also interfgeres with our defense.
9. Beinish currently checks the politics
Mordechai   (12.04.11)
She requires them to agree with her. Thats why unlike in democratic countries like the US the Israeli supreme court speaks with one voice. No on is dumb enough to believe she is protecting democracy. She is protecting her power to use the court system to overturn the voters decisions
10. Israeli jurisprudence
Barry Winters ,   Edmonton Canada   (12.05.11)
Israel jurisprudence has become a pathetic joke. Socialist. ideology, has replaced intellect, and the law. It is past time for reform of how justices are selected. Jurisprudence is a legal exercise... not an ideological one. Dorit Benish is part of a much larger problem in Israel.
11. Supreme Court interference is the problem.
Vlad   (12.05.11)
The Supreme Court forces the Knesset to accept national traitors, places constraints on publicly-supported security measures, and blocks efforts to privatize parts of the economy. It is truly a tool of the Jewish left and Arab right. It must be drastically reformed. Simple as that.
12. Preserve Your Democracy
Patris ,   Los Angeles, USA   (12.05.11)
I'm not Jewish or one your flag waivers, but I do admire your vibrant democracy. I've been concerned about your gradual loss of secularization by religious fanatics, your continuous step towards "Ayatollaization" of your nation, and now meddling in your courts. You should preserve your democracy and original character and institutions set by your forefathers - it has worked for you in the worst of times and it will continue to work for you.
13. The system suffers when judges are appointed as a reward
Sam   (12.05.11)
Beniesh has appointed five judges who prevented the prosecution of her husband. Read Yoav Yitzhak
14. #2. Leon: U.S. model is the worst ever!
Tom ,   US - E. Europe   (12.05.11)
The judges are selected by the president according to his political leaning and racial lineage thus creating an "a priori" biased judiciary. Hence the word: "activist judges". One activist judge has the power to invalidate the will of millions of people because of "his/her particular interpretation" of the law written some 200 years ago. And they DO! The political consideration at the selection process excludes even the illusion of fairness. Only the messianic Americans - ever eager to push the Pax Americana agenda - cannot see the inherent fault with their system.
15. #2. U.S. model
Mr. X ,   land of the slaves   (12.05.11)
US court model is the most repressive model currently in existence give and take North Korea perhaps. US has the highest incarceration rate in the world by the large margin, with over 10 millions arrested per year, with the length of the prison terms unheard of anywhere else. Primary serving a cast of lawyers to enrich themselves and surrounding business profiting from 12cent per hour slave labor (google for Blago incarceration) . Scandinavian _independent_ ombudsman system of free consumer advocates in their dealing with government works great in removing the cast pf lawyers from self enrichment schemes.
16. So what if court is unrepresentative???
GR ,   London   (12.05.11)
So what if the supreme court is primarily Ashkenazi - it's not the supreme courts' job to represent demographic trends. If others want to be on the court, work hard and you will get there.... And to whoever says "this leftist court is corrupt"....well, the Israeli right has proven itself corrupt to the hilt....sort your own house out before casting accusations. (and I am not a "leftist"....just don't like the whining a lot of people on the right do...)
17. The reverse is the real problem
Gee ,   Zikron Yaakov   (12.05.11)
We have a court system that thinks that they are the Commander in Chief of the IDF and that they make laws. No the members of the court should be arrested for usurping the authority of the elected government.
18. In Canada, Supreme Court Justices are
Robert Haymond ,   Israel/Canada   (12.05.11)
officially appointed by the Governor General in conjunction with the advice, suggestion and approval by the Cabinet, an inner body, including the current Prime Minister, of the ruling political party. The Cabinet, in turn, takes its advice from various bodies throughout Canada including, but not limited to, the various provincial bar associations. All candidates must be sitting judges at the time of their respective appointments. furthermore, there is a formula which sees that the appointment of new Justices will fairly represent the huge country of Canada's geographical presence. Not to be disingenuous, each political party will act to appoint Justices whose past rulings tend to side with, or confirm, their own political philosophies and perspectives. Because the political parties alternate in power, however, different legal philosophies are represented at any one time. There is also a mandatory reirement age and this prevents the Court from becoming sterile or rigid or predictable in its judgements. By contrast, if Dorit Beinish were to tour Canada and give lectures at our law schools about the Supreme Court of Israel here in Canada, the students would be astonished regarding the undemocratic and unrepresentational features of the Supreme Court in Israel. That Dorit Beinish admonishes the government of Israel shows just how out of touch, elitist and unaware she (and by extension), the whole Court) really is.
19. One sided article.
Iris Harris   (12.05.11)
The supreme court is far from impartial. It is obviously very political. What is Mrs. Beinish speech if not political? She wouldn't let anybody who is not Leftist like her in.
20. We , the Israelis want a Supreme Court, not Barak/Benish!
tom ,   tel aviv   (12.05.11)
21. yes, you can't accept it, it's unacceptable.
mary of bethany ,   singapore   (12.05.11)
SO MOVE OUT OF ISRAEL, DUDE! i guess Hamas over at Gaza will be dying to use your expertize! or PA will need your talent to write against the "bad bad settlers" hah?
22. #12 you are right
israel israeli ,   tel aviv   (12.05.11)
The only way to preserve Israeli democracy is by changing the judicial system. The High Court makes political decisions with no responsibility and are the cause for the worst cases of corruption in Israel. They approved the Goldfarb affair (buying a Knesset member for cash) and the Sharon affair (as Leftists icon Yossi Sarid said: blackmailing the PM to ethnically cleanse Jews).
DAVID ,   JUDEA   (12.05.11)
For sure when one reads the TB's and hears the overall distrust and dislike of the supreme court by a majority of the people, one can see the disconnect of Liberal media and its opinion makers. Most of us know that the supreme court is exactly that, what the writer claims it is not. A political kangeroo court were justice takes a back seat, while it supports the existing balance of power of the Elite that wishes to destroy our Jewsih identity.
24. @# Israeli 2 I couldn't agree with you more.
macktheknife   (12.05.11)
For a long time mow I have dislikes and never trusted Beinisch. She actually re minds me of the wash-out Hilary Clinton. As the saying goes: Fly with the birds and you turn into a half-dead feather. In other words, Beinisch is an absolute wash-out and obviously loathes the Jewish people. My honest opinion is that she is an A-licker of the arabs. The Jewish system, all-round has gone to Hell!
25. I am astonished.
Luiz F Haddad ,   Brazil   (12.06.11)
As a Judge, a Democrat and a true friend of Israel, I am astonished because of so rightist aggressive comments about your Supreme Court. Do you want, dear talkbackers, a weak ou a kangoroo Justice? I can't believe. Why so much hate for the ones that desagree from your views? I do endorse my colleagues and I ask you again to listen: radicalism, intolerance, fundamentalism, etc, are harmful. But I am sure Israelian Democracy and Humanism will prevail forever. Sorry. Salutes.
26. self appointed leftists
david ,   new york   (12.06.11)
the selection process ensures that they can continue to self appoint like minded leftists. they control every aspect of israel, from who the army is allowed to fight to whether children should be taken from parents because they don't want to send them to the schools they command. unelected and unnacountable courts are not supposed to have such powers. it is anti-democratic. the less power they have, the better.
27. #14. US system IS reasonable
david ,   new york   (12.06.11)
it is true that liberal presidents appoint liberal, activist judges. however, it is balanced by the fact that presidents change and in the end you get a balance. there is no taking politics out of it, at least this way the politics is balanced
28. Who is Moshe Ronen, & what is talking about?
Ozraeli ,   Australia   (12.06.11)
Who the hell is Moshe Ronen, & on what basis does he make any commentary? Is he a lawyer? A politician? A Legal Affairs journalist? An ordinary columnist, spouting his own opinion? A member of an NGO which is affected? There is absolutely NO substantive explanations of the background (beyond that various parties are attacking the Court for various reasons), & his assertion that Beinsich needed to defend the Court 9which was not a defense-it was an attack on politicansthatin most "normal".countries, would have the Govt demanding her resignation within 24 hours, or being recalled or impeached by the Legislature) The Supreme Court itself has made itself an object of controversy & contempt, by political intervention, unilaterally over extending its mandate, & because the selection process is not transparent or subject to public scrutiny, while wielding immense power over the country. The idea that A Barak unilaterally decided that "Everything is judiciable" (subject to Court judgement), plus allowing anyone & everyone (even those with no "standing", or relationship to a case) to petition the Supreme Court (without going through lower Courts first) about ANYTHING is not just ridiculous in any structured, logical legal system; it clearly undermined the Executive & virtually created social chaos by allowing anyone to "Run to Mommy". I won't go into security considerations, or even the contradictory judgements handed down for different politically orientated Court petitioners. "The Law", in the end, is just a codification & institutionalisation of local social, cultural, & commercial mores, inhibitions, & principled practices developed over time. That is why different societies have different legal systems & laws. There are very few laws "Engraved in stone"... I only know 10. I highly doubt that the current Supreme Court reflects Israeli society today, even accounting for higher human principles, erudite legal analysis, & far reaching thought. Remember "...with the consent of the governed..."? Although it is also partly the fault of the mangled, incoherent, corrupt Israeli system, ALL holders of power need to be restrained & limited. "Independence" is not "Unaccountable", nor unlimited. The SC is not the Sanhedrin, with a direct pipeline to God, & its structure & activity needs to change, for the entirely reasonable reasons-transparency, public oversight, better reflecting society, & implementing better "checks & balances". If there is no public trust-the basis for a cohesive & civil society, there will ultimately be a search for "Alternative dispute resolution methods".
29. Supreme Court needs drastic reform.
Chaim ,   Israel   (12.06.11)
The Suoreme Court needs drastic reform both as to it's power and it's composition. As far as power is concerned: unelected Supreme Court Justices should be vetted by elected MKs. We can't allow the intolerable situation to continue whereby a tiny segment of far left opinion dominates the Supreme Court. Too many Israelis suffered, and continue to suffer, due to ruinous ideological decisions by the Supreme Court.
30. Chief Justice Beinish
Connie Mack ,   Camden   (12.08.11)
Shortly after Justice Beinish was chosen as Chief Justice, someone commented that she is neither the intellectual giant nor the legal expert of the court. That someone was accused of insulting the court. My reaction to the debate was "To state that Ms.Beinish IS "the intellectual giant or the legal expert of the court" is the GREATEST INSULT that one can deal to the court.
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