Not A Time For Words: “Fight The High Court”
The real battle taking place today is over the current and future position the high court of justice will hold. Will the judges defeat the nation again?
- By Attorney Yitschok Shinefeld
- ו' שבט התשע"ז
עו"ד יצחק שיינפלד
Painful sights: Infants crying, red eyed youths, hysterical shouts; as they cling onto their beloved homeland that is being “Alienated” from them, they will not forget. Again, we have lost a battle and compound in the war of settling and gracing Erets Yisroel with her beloved sons and daughters.
Winston Churchill is quoted saying, “it’s worth losing the battle, in order to win the war”. The true war is over the power of authority in Israel, in the 21st century.
A proper democratic government is composed of three branches. The legislative branch-Knesset, and the authoritative branch- government, have lost all their power to the Judicial branch-the high court.
The judicial revolution of, “everything is subject to being judged, everything is the domain of the high court” that was started by Aron Barak, has now been completed. MK Eichler, defines it thus, “The high court has appropriated itself dictatorial powers”.
High court judges are appointed by a joint committee, which includes the high court chief judge, two high court judges, two representatives from the department of attorney, two Knesset representatives, 1 representative of the government and the minister of law, who is also the head of the committee; a total of 9 members.
A decision is rendered over selecting a new judge with a majority of 7, which in reality allows the judges, who vote homogenously, veto power; which they definitely make use of, based on their world view.
His honor, the previous head of the high court, judge Aron Barak lately stated, “The high court is a family, you can’t bring someone in, who is not part of the family”. An Outrageous and provocative statement, which had not received its expected echo.
In April, 4 out of the current fifteen judges serving will be replaced for new high court judges.
Now is the real and decisive war.
The war is over the future character of the high court in Erets Yisroel.
The world view of the judges, the rock they’ve been carved from, the home they were raised in, the path they made, the chinuch they received, their teachers, and establishers of their worldview, these are directing their judgments.
The struggle over the identity of the new judges is the most crucial battle over the future character of the high court.
The ramifications of this battle is the shape and character for Jews in Israel. From the Kotel agreement, to public the keeping of Shabbos, from living a Torah life style, as well as the kosher food we put in our mouths, everything.
The loss of Amona because of the high court’s decision to disqualify the government offered compromise to the residents, as they were being expelled; proves a “victory” over the high court’s future, its character and composition.
The ball is in the hands of Justice minister Ayelet Shaked, protégé of Minister Nafatli Bennet and the right-wing camp.
No more compromises. No more, “two” for you and “one” for me. Nor “half and half” which is usually a just compromise. Like Bennet reiterates and promises: In the next war, we will go till the end!
So this is it, this is the battlefield of the future character of Israel, for generations to come.
Everyone is fitting for the job, all the candidates that were carefully chosen are fitting. None of them were chosen because of connections, or nepotism. Absolutely not. But there are those that are more fitting for the legislator’s agenda. It is their (the legislators) obligation to do everything they can, and to vote for them.
The option to change the law exists. The law can be changed to grant legislators veto power.
Power to veto future high court candidates. This will be a gamechanger, and a declaration of war against the judicial branch. In war, one uses everything at his disposal.
The crisis in Amona “Established” who rules and who is ruled. Whose agenda is winning. The executive branch has lost the battle.
If it wants to survive, the government has to win the war.
Naftali Bennet has to realize that it is not a time of talking.
It’s time to act.
In the current government make-up, it is possible, even if Kachlon will blink. If not now, then when the moment of truth arrives they will lose again, over Erets Yisroel.
They can no more say: “Our hands did not do it” they were not voted in for this.
Translated by Eli B.
Winston Churchill is quoted saying, “it’s worth losing the battle, in order to win the war”. The true war is over the power of authority in Israel, in the 21st century.
A proper democratic government is composed of three branches. The legislative branch-Knesset, and the authoritative branch- government, have lost all their power to the Judicial branch-the high court.
The judicial revolution of, “everything is subject to being judged, everything is the domain of the high court” that was started by Aron Barak, has now been completed. MK Eichler, defines it thus, “The high court has appropriated itself dictatorial powers”.
High court judges are appointed by a joint committee, which includes the high court chief judge, two high court judges, two representatives from the department of attorney, two Knesset representatives, 1 representative of the government and the minister of law, who is also the head of the committee; a total of 9 members.
A decision is rendered over selecting a new judge with a majority of 7, which in reality allows the judges, who vote homogenously, veto power; which they definitely make use of, based on their world view.
His honor, the previous head of the high court, judge Aron Barak lately stated, “The high court is a family, you can’t bring someone in, who is not part of the family”. An Outrageous and provocative statement, which had not received its expected echo.
In April, 4 out of the current fifteen judges serving will be replaced for new high court judges.
Now is the real and decisive war.
The war is over the future character of the high court in Erets Yisroel.
The world view of the judges, the rock they’ve been carved from, the home they were raised in, the path they made, the chinuch they received, their teachers, and establishers of their worldview, these are directing their judgments.
The struggle over the identity of the new judges is the most crucial battle over the future character of the high court.
The ramifications of this battle is the shape and character for Jews in Israel. From the Kotel agreement, to public the keeping of Shabbos, from living a Torah life style, as well as the kosher food we put in our mouths, everything.
The loss of Amona because of the high court’s decision to disqualify the government offered compromise to the residents, as they were being expelled; proves a “victory” over the high court’s future, its character and composition.
The ball is in the hands of Justice minister Ayelet Shaked, protégé of Minister Nafatli Bennet and the right-wing camp.
No more compromises. No more, “two” for you and “one” for me. Nor “half and half” which is usually a just compromise. Like Bennet reiterates and promises: In the next war, we will go till the end!
So this is it, this is the battlefield of the future character of Israel, for generations to come.
Everyone is fitting for the job, all the candidates that were carefully chosen are fitting. None of them were chosen because of connections, or nepotism. Absolutely not. But there are those that are more fitting for the legislator’s agenda. It is their (the legislators) obligation to do everything they can, and to vote for them.
The option to change the law exists. The law can be changed to grant legislators veto power.
Power to veto future high court candidates. This will be a gamechanger, and a declaration of war against the judicial branch. In war, one uses everything at his disposal.
The crisis in Amona “Established” who rules and who is ruled. Whose agenda is winning. The executive branch has lost the battle.
If it wants to survive, the government has to win the war.
Naftali Bennet has to realize that it is not a time of talking.
It’s time to act.
In the current government make-up, it is possible, even if Kachlon will blink. If not now, then when the moment of truth arrives they will lose again, over Erets Yisroel.
They can no more say: “Our hands did not do it” they were not voted in for this.
Translated by Eli B.
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