KNESSET GOVT. RULE OF LAW vs. AN OVERBEARING SUPREME COURT

SOME INTERESTING ARTICLES ON THE RULE OF LAW AND THE OVERBEARING AND DICTATORIAL SUPREME COURT:   (must read intelligent commenters at the end)

Heritage Min.: If Supreme Court doesn't respect the law, we shouldn't respect its ruling

'The moment you turn the judges into politicians, they are politicians,' Heritage Min. Amichai Eliyahu says.

Heritage Minister Amichai Eliyahu (Otzma Yehudit) on Thursday morning spoke about the possibility that the Israeli Supreme Court will choose to invalidate the Incapacitation Law.

According to the Incapacitation Law, a prime minister can only be forced to retire due to a medical condition and with the support of 75% of the government and 80 MKs. The law aims to prevent the Attorney General or Supreme Court from forcing Israeli Prime Minister Benjamin Netanyahu to resign, despite the fact that he was voted in by the Israeli public and the law does not give them the authority to demand his resignation.

"The moment you turn the judges into politicians, they are politicians," Eliyahu explained in an interview with Galei Israel. "A body which takes for itself, throughout the years, authority which is not its own under the law - that is a problem."

He added, "The Supreme Court is violating the law. If G-d forbid it invalidates Basic Laws - it is in violation of the law and we will need to ask ourselves how we handle law violators who are dressed in suits."

"My personal opinion is that if the Supreme Court does not respect the law, then we do not need to respect its ruling.”

https://www.israelnationalnews.com/news/375052

Miri Regev: 'Today we'll hear if three judges force Israeli democracy to retire'

Supreme Court hears petition to discuss Basic Law; Transportation Min. Regev warns decision to invalidate it would spell end to democacy.

Transportation Minister Miri Regev (Likud) on Thursday morning responded to the Supreme Court hearing held to discuss the Incapacitation Law.

"Today we will find out if three judges will retire democracy in Israel," she said.

Regev was referring to a petition filed against the Incapacitation Law. The law requires 75% of the government and 80% of MKs to support a move to force a prime minister to retire, and allows such a move only for medical reasons.

Supreme Court justice Uzi Fogelman, who is one of the three judges hearing the case, declared that "the Supreme Court has the authority to issue judicial criticism on Basic Laws, in its expanded composition.”

Meanwhile, Supreme Court Chief Justice Esther Hayut chastised attorney Eliad Shraga, head of the Movement for Quality Government in Israel, saying that she expects to hear a legal claim and stating, "Don't warn - give us a legal claim for your request."

Despite the fact that the law under question is part of a Basic Law, MK Benny Gantz (National Unity) claimed that, "If the government does not respect the court's ruling, Israel will not be a democracy. The responsibility [for this] is on the Prime Minister."

Basic Laws form Israel's de facto constitution, and the original intention by the early governments in Israel was that following the completion of a series of Basic Laws, the laws would be compiled to form an official constitution. Due to the various wars and military operations which took time from legislation, the compilation has not yet happened and the series of Basic Laws is not yet complete. However, the Israeli Supreme Court still regards Basic Laws as the Israeli constitution, and thus far has not invalidated any of them.

https://www.israelnationalnews.com/news/375061

[Benny Gantz:  Shall the Government and All Israelis say “Heil Hayut”]

Govt. may seek to disqualify Justice Hayut from Reasonableness Standard discussion

Govt. considering arguing that Supreme Court President's speech against Reasonableness Standard law should disqualify her.

The government is considering a move to submit a request to disqualify Supreme Court President Esther Hayut from participating in the Supreme Court's discussion on the Reasonableness Standard Law, Kan News reported this evening (Wednesday).

According to the report, the government's reasoning for the move is a harsh opinion that Hayut presented against the law in a public speech last January, in which she explained why this was a dangerous change and even spoke against the motives behind the law's enactment.

The government's request to disqualify Hayut must go through Attorney General Gali Beharev Miara, and if she refuses, the government will have to decide whether to submit the disqualification request independently.

It is estimated that the Knesset will not file a disqualification request in addition to the government.

Last week, the Knesset passed an amendment to the Basic Law: The Judiciary which would limit the court's ability to apply the 'Reasonableness Standard' against the Cabinet. The Reasonableness Standard allows the court to strike down government actions on the grounds that in the court's opinion, no 'reasonable' government would take such an action, and not based on any legal or constitutional principle.

https://www.israelnationalnews.com/news/375027

Excellent Independent Comments to above article:

@In a genuine democracy, ethical standards would require such a judge to voluntarily recuse themself in such a situation - without needing to be asked.

@Should be a no-brainer. In the USA judges are prohibited from speaking on subjects of possible litigation before them.

@All judges and the AG should be required to recuse themselves regarding matters that involve them! 

@According to the Torah, all of them are disqualified from having anything to do with any desicion about the subject, since it's about them and it doesn't make a difference if they stated a harsh opinion or no opinion, it's called Nogeah badavar.

@That is the whole point of the judicial reform,because the worldview of the judiciary,military and media affects their judgement,decision-making process,and bias and are therefore a conflict of interest with the role of Am Yisrael.

@The entire Supreme Court needs to be disqualified and replaced.

@We shouldn't be looking for Netanyahu and the right I'm Israel to win, we should be praying wishing and looking forward to  והשיבה שופטינו כבראשונה , that Hashem should send Moshiach and bring back our judges, jewish judges according to the Torah

@The purpose of the judicial reform is to end the dictatorship of the Supreme Court, and restore democracy, because the members of the Knesset are the representatives of the people. The state of Israel is a democracy. Therefore, it must be led by the majority of Knesset members, who are representatives of the people, not by violent demonstrators, who are representatives of the minority and act against the law.

@The state of Israel cannot be a secular state, because it is written in the Torah, in Exodus 19:5-6 that Israel made a pact with God, to be His people, and to obey His commandments, and to be a kingdom of priests and a holy nation, so that the state of Israel must be a holy state, a theocracy, and the supreme law of the state of Israel is the Written Torah, that is in the first five books of the Hebrew Bible (Tanakh).

@The judges of the state of Israel must judge according to the Law of God (Written Torah) that is in the five first books of the Tanakh (Old Testament), because it is written in the Torah, in Exodus 19:3-8, that the sons of Israel made a pact with God, to obey His commandments, and to be for Him a kingdom of priests and a holy nation, so that the Law of God (Written Torah) is the Constitution of the state of Israel, and any law which contradicts the Law of God is null and void. Any person who does not accept the Law of God (Written Torah) as the Constitution of the state of Israel cannot not be a judge in Israel.

@Hayuth & company will BLOCK disqualifying any off them