The political
left says that judicial reform is a coup. However, today’s judicial reform is
not a coup, it is a clearly articulated legal process for all to see,
understand and follow as passed into law. It is trying to undo the undemocratic
coup that former Chief Justice Aharon Barak did 30 years ago, when he publicly
announced that he was turning basic laws into a quasi-constitution, not voted
upon by the Israeli voters or the parliament. He then used that
quasi-constitution to implement a judicial activism that today allows the legal
system to basically run the country without any checks and balances
How so?
Here are some high-level examples:
1. When politicians make a political appointment that the legal
system disagrees with the legal system cancels the appointment. 2. When
politicians try to fire someone that the legal system disagrees with the legal
system freezes the termination.
3. When right-wing elected governments want to pass laws that
the activist-leftist judicial system disagrees with the legal system kills the
bill during the legislative process or has the Supreme Court annul the law.
4. When a left-wing elected government makes an international
decision without Knesset approval even though according to law it requires
Knesset approval the legal establishment approves the deal without problems.
5. While Israeli law forbids terror-supporters from serving in
Israel’s parliament the Supreme Court constantly allows terror-supporting Arab
Muslim representatives to serve in Israel’s parliament.
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