Wednesday 11 January 2023

 YARIV  LEVIN

Last week I mentioned the legislative bombshell dropped by Justice Minister Yariv Levin and said I would try to relate to it this week. In doing so my comments are mostly borrowed, because I really know very little about law.

Many foreign newsoutlets have referred to this this topic, so I’m assuming you have been following it. Just the same, I’ll add some of the comments you might have missed. No doubt you will notice some repetition in the texts I have quoted. I decided to include them for extra emphasis.

Justice Minister Yariv Levin

Critics accused the government of declaring war against the legal system, saying the plan will upend Israel's system of checks and balances and undermine its democratic institutions by giving absolute power to the most right-wing coalition in the country's history.

Justice Minister Yariv Levin, a confidant of Prime Minister Netanyahu and a longtime critic of the Supreme Court, presented his plan a day before the justices were scheduled to debate a controversial new law passed by the government allowing a politician convicted of tax offenses to serve as a cabinet minister.

The proposals call for a series of sweeping changes aimed at curbing the powers of the judiciary.

Justice Minister Levin outlined a law that would enable the Knesset to override Supreme Court decisions with a simple majority of 61 votes. He also proposed that politicians play a greater role in the appointment of Supreme Court judges. In addition, Levin claimed that the public's faith in the judicial system has plummeted to a historic low, and said he plans to restore authority to the elected government, hitherto held by overly interventionist judges.

The planned overhaul has already drawn fierce criticism from Israel’s attorney general and the Knesset opposition parties. Attorney-General Gali Baharav-Miara warned that the new government coalition's planned legislative blitz could leave Israel with democracy in name but not in essence.

Levin presented a planned judicial overhaul that would drastically limit the authority of the High Court of Justice to block legislation and government decisions deemed discriminatory and/or undemocratic, abolish “reasonableness” as a test by which justices can weigh legality, give the government control over judicial selection, and eliminate ministry legal advisers appointed by the attorney general.

Levin said his proposals, which the new government has vowed to legislate without delay, would restore democracy and strengthen the court.

 When asked for his opinion of the proposed judicial reform Professor. Tom Ginsburg said it doesn’t look good. Ginsburg heads the Comparative Constitutions Project (CCP), which analyses constitutions around the world. He is one of the most cited scholars of international law in the United States.

Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006], it became extremely activist. This provoked backlash in Israeli politics. A reaction that led to a kind of recalibration of the court where it is still filling its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces, it’s seen as a strong court and an effective court, and in my opinion, a balanced court.

“It will be a hollow democracy,” said Amir Fuchs, senior researcher at Jerusalem’s Israel Democracy Institute think tank. “When the government has ultimate power, it will use it, not only for issues of LGBTQ rights and asylum-seekers, but elections and free speech and anything it wants.”

Recent opinion polls by the Israel Democracy Institute (IDI) found a majority of respondents believe the Supreme Court should have the power to strike down laws that conflict with Israel’s Basic Laws, which serve as a sort of constitution.

I tend to rely more on the IDI polls than Yariv Levin’s uncorroborated claim that the public has lost faith in the judicial system.

In three extensive television interviews aired recently, Israel’s most revered jurist, the former Supreme Court president Aharon Barak, pleaded with Justice Minister Yariv Levin to reconsider the sweeping judicial reforms he unveiled last week. Aharon Barak warned that they essentially give all power to the prime minister, leave citizens with no defence against the removal of any and all of their rights, and would mark the beginning of the end of the modern State of Israel.

Barak has been repeatedly targeted by Levin as the instigator of decades of untenable intervention of the Supreme Court. “He has relentlessly overruled the country’s elected politicians via an outrageous abuse of its authority, thus necessitating the new proposals to radically reduce its power.” Said Levin.

In the most anguished passage of the impassioned series of interviews, Barak, 86, said he was sorry to be depicted as “the enemy of the people.” As a justice from 1978-2006, and Supreme Court president in the last 11 of those years, Barak said that he sought to be neither overly activist nor overly conservative and to deliver verdicts that took heed of Israel’s history, Zionism and the country’s security needs.

David Makovsky The Washington Institute For Near East Policy commented; -

Currently, domestic issues dominate Israeli political discourse, particularly the proposed overhaul of the court system, which many believe will place the country on an illiberal, even undemocratic trajectory. Large swaths of the public are also concerned that Netanyahu’s junior coalition partners will attempt to limit LGBT rights, end recognition of non-orthodox Jewish conversions abroad, tighten the Law of Return’s criteria for Jews immigrating to Israel, and extend major concessions to ultraorthodox Jews (e.g., continuing their draft exemption; increasing subsidies to yeshiva students and schools).

I want to conclude on a positive note by quoting a news item reported by Globes, Israel business news

Mekorot Israel National Water Co. and the Israel Water Authority have launched the "Reverse Water Carrier" project in the north. The project will allow desalinated water from the Mediterranean Sea to flow inland to Lake Kinneret (Sea of Galilee). The aim of the project, which has been set up at a cost of NIS 1 billion, is to maintain the level of the Kinneret in dry and low rainfall years.

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https://benisisraelinewsletter.blogspot.com/

 

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Have a good weekend

Beni,                                       12th of January, 2023


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