28 August 2015

"The High Court Is Killing Us" OR Are You Ready for the Court in Shamayim?

Issues in Israel

This is such an important article, that I am posting it here for all to read. Little by little issues in Israel are slipping into not Democracy but into another more sinister society. That is why we need to return to the ways of the Torah given to us by the Creator of the World on Mount Sinai. There is a great deal of opposition by our own Israelis and by the nations of the world who cannot stand that there is a higher authority Who has instructed His people how to live in a world of just these times. We must prepare ourselves for a new dimension of living, with Mashiach when he finally arrives.

Prophecies

Many prophecies have risen to warn and instruct, appearing on the following sites: yeranenyaakov, ShiratDevorah, TomerDevorah, and sometimes here. These warning should not be taken lightly, but with contemplation as to why we are receiving these messages.

Shabbat

It is not so difficult to observe the Shabbat, in fact it is very refreshing and good on the physical and mental planes, but those who fight it are lost in the gravity of earth. The family unit is the most rewarding scenario one could live within, developing the middah of sharing, caring, emotional clarity, and physical delights, not to mention the culinary delights of the Shabbat table, as many can attest to. Slowly, elements in Society are demanding that opposites are of supreme value, which in fact are breaking down the fabric of the very society that allows these elements to thrive.

Jewish Customs

By returning to our Jewish customs we will reinforce our society as it is meant to be, and then Mashiach will come and rid the world of confusion, doubt and destruction.


The High Court Is Killing Us 
by Uri Tzipori of Kol HaYehudi

Yet again the High Court has involved itself in the Knesset’s work of passing legislation. This time the court decided that detaining illegal migrants for 20 months, as was passed in the Knesset, was inhumane and instead the maximum period of detainment will be 12 months.

The High Court has replaced the discretion of elected representatives with its own discretion. It has decided that its own opinion is more important than the opinion of the people (as shown through their representatives).

Take note of what has happened here. The law by which the High Court has time and again abolished the Migrants Law is the Law of Respect to Man and his Freedom. The law respecting man and his freedom was passed in the Knesset in 1992 by a slim majority of 32-21 (60%-40% in favor). By contrast the first law regarding the migrants passed 37-8 (82% majority), while the second law passed 30-15 (67% majority), and the third law passed 47-23 (67% majority).

In other words, in every instance the support for the Migrants Law was greater than the support for the law by which the High Court abolished the Migrants Law. In two of the three cases the absolute number of Knesset members supporting the Migrants Law was greater than the number that supported the law by which the court abolished it. Despite the strong support, the High Court had no qualms abolishing it.

How could it be? Very simply. Judge Aharon Barak established in 1995 that a law by the Knesset that is given the status of “Basic Law” cannot ever be abolished, even by the Knesset itself (which originally passed the law!). In the eyes of the High Court, it makes no difference how much support there was for a Basic Law, even a minimal majority is enough to prevent future legislators from changing it.

Who gave Aharon Barak the power to make such an absurd decision? The answer is Barak himself! The Knesset never established that Barak’s interpretation of the meaning of a Basic Law is the actual meaning. Rather legislators stated just the opposite.

Uriel Lin, the head of the Committee for Law, when presenting the Law on Respect for Man and his Freedom, stated, “We are not giving more power to the High court. By establishing this law we are not giving the court special rights to abolish other laws… such a power has not in any way been transferred to the court. That power remains in this building [the Knesset]. If experience proves us mistaken and this law is misinterpreted, the Knesset will have the power to change it.”

Uriel Lin clearly stated that representatives of the public are not supposed to rely on the High Court, rather on themselves. The Knesset, instead of clarifying its position, chooses time and again to allow the High Court to continue and impose its will on the public. Instead of passing the law to allow overturning the court’s decisions, the people’s representatives shout empty condemnations while doing nothing in practice.

To put it simply- we have no one to rely on but ourselves. The High Court has usurped the power from the people and as Prof. Richard Posner, a Federal Appeals Judge in the US, said, Aharon Barak has committed “judicial piracy.” Until the people, and by extension their representatives, make clear that the Jewish people are the sovereign rulers here and not the court or its false definition of equality, we should not be surprised by similar future rulings coming out of the court.

Originally published on Arutz Sheva in Hebrew

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