The recent protests regarding Israel’s Supreme Court, as outlined in the Israelite’s July 27th edition, page 4, charges that Netanyahu’s changing of the Supreme Court’s current judicial structure means that “…Netanyahu is endangering Israel’s democratic system.”
I don’t understand this objection since Netanyahu was elected democratically; the Knesset was elected democratically; but the present Supreme Court of Israel was never elected to behave as it does; and, moreover, some were appointed by the President of Israel, who is a member of the Labor Party, and thus has a different cultural predilection than Netanyahu.
The Leftist viewpoint was manifestly voted out of the Prime Ministership by present day Israeli’s who voted for Netanyahu to be the Prime Minister.
Thus, Israeli Supreme Court is now inhabited by Justices that the democratically elected Prime Minster of Israel (Netanyahu) doesn’t agree with. More to the point, the Supreme Court can (and has been) nullifying Netanyahu’s reforms by using the term “unreasonableness.”
Even if the Knesset agrees with Netanyahu’s legislation, the undemocratic Supreme Court can outlaw that legislation (that Netanyahu may have campaigned on and the people want) by declaring it “unreasonable.”
Since Israel doesn’t have a Constitution it must abide by, the Supreme Court’s dictate-”unreasonableness” is good enough to declare that legislation illegal.
Thus, while one must conclude that it is evident that Netanyahu was voted in because the electorate majority agreed with his viewpoint, his viewpoint is disregarded and the Supreme Court’s viewpoint is legally accepted.
However, there is more at stake here. The current process and structure of Israel’s Supreme Court gives power to shape the Supreme Court to Israel’s lawyers’ lobby.
I am not condemning lawyers, my contention is that the lawyers (called The Judicial Selection Committee (JSC)) are a special interest who are not elected democratically, yet they have a majority power (they comprise 5 of the 9 members of the JSC) to indirectly appoint to the Supreme Court (the President, Isaac Herzog, formerly of the Labor Party, directly appoints) and thus can sway Israel’s Supreme Court.
This appointing process is anti-democratic, as seen by the President’s (Mr. Herzog) relatively Leftist party that has been voted out of office by citizens of Israel. Allowing him to appoint Supreme Court members is the height of arrogant and anti-democratic behavior.
In my opinion, the protesters — if they are indeed sincere about their “anti democratic” canards — should be protesting against the Israeli Supreme Court’s appointment process and its present structure — and, additionally, should be cheering on the democratically elected Netanyahu’s altering of the current judicial system.
Blue Ash, OH