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Ministers approve bill to override High Court
Moran Azulay
Published: 26.10.14, 19:20
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18 Talkbacks for this article
1. politician vs judges
Michael ,   Haifa   (10.26.14)
When the State of Israel is run by its political leadership as if it were a grocery shop in the "shtetl", there is a need for values to be maintained by professional judges.
2. and so it begins
(10.26.14)
time to disable the left winged, nation killing Supreme Court.
3. The problem started ...
Sarah B ,   U.S.A. / Israel   (10.26.14)
... when the Israeli Supreme Court started essentially to enact legislation. That is not their function. Their function is to interpret existing law, not create new law. They have been creating law for years, and it is time that they are reined it. Keeping in mind that the State of Israel does not have a Constitution, there is no need for a court that rules on non-existent constitutionality, and always seems to push further and further to the left. The Israeli body politic, on the other hand, are moving further and further to the right, thanks to years of people such as Livni and her highly flawed approach to the law. The people are taking back the power. Nothing wrong with that; it belongs to them. They vote for political parties and those parties' Knesset slates. They do not vote for the judges on Israel's Supreme Court, and it is wrong for the judges to wrest control of legislation from the Knesset. The people have spoken.
4. "democratic principles"
CJK   (10.26.14)
democratic principles demand that there be separation of powers and balance of powers. this is not the case in israel. israel's high court's jurisdiction is unlimited. furthermore, members of the high court are selected by a small group that includes members of the court and the bar association. the jurisdiction of the court must be limited and its members chosen more democratically.
5. 1 "professional judges"
CJK   (10.26.14)
"professional judges" should not be allowed to legislate from the bench.
6. The only democracy in the ME
(10.26.14)
Less than 7% of the Knesset has passed the bill and they make it a law So much for the only democracy in the Middle East
7. And so it begins
(10.26.14)
Israel is slipping towards an extreme right wing goverment aiming nothing less than for a jewish totalitarism regime. Israelis are suckers big time
8. Checks and Balances
Abdel Karim Salim ,   Jerusalem   (10.26.14)
Basically and as a general rule the judiciary is ( and is supposed to be ) non-partisan and highly impartial whereas officials of the executive authority have a tendency to partisanship . And when there is partisanship there is no impartiality . Personally I strongly advocate the existence of a non-partisan and highly-impartial judicial authority...
9. Of course all the lawyers and judges are unhappy............
Chaim ,   Israel   (10.26.14)
they now have the system rigged just the way they want it.
10. open to abuse
zionist forever   (10.26.14)
This law is good to some degree because the courts do overrule the Knesset to much but some independent body to keep check to stop thus new laws abuse otherwise we risk becoming an elected dictatorship. Without a check we risk giving a handful of individuals to doing whatever they like if the idea is popular and saying go to hell if the court says its illegal.
11. To # 3 , and 4 and 5
Abdel Karim Salim ,   Jerusalem   (10.26.14)
The first political science course I had to take in America was about the American political system and its title was " Government by the People " ... In that book there was a question : " Do judges make law ? " and the answer was that of an erstwhile Supreme Court justice : " 'Course they do . Made some myself " ... Furthermore , there is " Stare decisis " , which is the precedent that could be followed or applied when similar cases surface ... Besides , in the USA Supreme Court justices are life-long political appointees ... I still staunchly support the existence of a non-partisan and highly-impartial judicial authority...
12. Checks and Balances are required
Barry ,   Boston   (10.26.14)
A Supreme Court is needed for a real democracy. In theory the Knesset could pass legislation to deport all Israeli-Arabs. The Supreme Court is there to prevent this from happening. It protects the rights of the minority just like in the US in Brown vs the Board of Education, etc.
13. Illegal aliens have more rights than citizens.
Lemmings Hotline ,   sd ca   (10.27.14)
This is the virus that the world's left seeks to inject into all of western democracy. And the moslems are using it to take over Europe. Illegal aliens dont have the right to stay , unless it is given to them. The Supreme court is undermining the country with legal mumbo jumbo.
14. put them all on stake
noname ,   moon   (10.27.14)
They are selected by their own trade union members, who's best financial interest is to have more and more court cases that thousands of illegal immigrants would create for them out of the budget. Therefore Supreme Court making a decision of this case can be viewed as a party in the case whos chances to get elected by their peers next time can be harmed if they do not pursue their trade union members best interests, including financial. Therefore Supreme COurt cannot have a say in this case.
15. those rightwingers who now
rm ,   amsterdam NL   (10.27.14)
wholeheartedly agree with curbing the powers of the High Court would...ofcourse vehemently protest if the Court would follow their path. When a government moves to curb the power of a High Court it should set off all kinds of alarmbells. It should not in any case be welcomed
16. To: No. 11
Sarah B ,   U.S.A. / Israel   (10.27.14)
The problem is that Israel's Supreme Court is not non-partisan, nor is it impartial. Stare decisis is not a recognized principle in Israeli law, but you are about to see it in action with respect to what just happened to Arab Bank in the United States District Court. The Second Circuit will uphold, as will the United States Supreme Court. That's stare decisis, sluggo. The judiciary does not make law. They uphold it. In the State of Israel, the Knesset makes law. It is the obligation of the Israeli Supreme Court to uphold it. They cannot rule on constitutionality because Israel does not have a Constitution. But that's okay. A great many Western countries do not. It is not the function of the highest court of the land to write law. They are charged with upholding existing law. How much more simple does it have to get until you understand? The people of Israel have spoken via the lawmaking body -- the Knesset. If you don't like the laws, too bad. Feel free to leave at any time. The Knesset speaks for the Israeli people. The MAJORITY of Israeli people -- not some malcontents. How difficult a concept is that for you to understand? It seems to work pretty well, doesn't it? Israeli Arabs enjoy the highest standard of living and personal liberties among Arabs anywhere else in the Middle East. Things cannot be all that bad in Israel, or they'd have left. Wouldn't they? So, what's your problem?
17. Amendments
Buckwheat ,   USA   (10.27.14)
Supreme Court in the US interprets the existing law. However, Congress can pass an amendment to the Constitution to change the existing law. There is even such thing as Equal Rights Amendment , when the Supreme Court wanted to maintain inequality between races, genders etc. Not always the process works in favor of the "right-wing". The basic principle is that situations evolve and it is up to the peoples' representatives , and not Nine Wise Men and Women, to decide how the society wants to function.
18. High time for this type of move. It may save our democracy!
(10.27.14)
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