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Here are the pointers.

The Supreme Court is not elected by representatives of the people. They are elected by other Supreme Court justices as well as from the Israel Bar Association.

The Supreme Court has the ultimate say on any law passed in Israel. They govern purely on "feelings", there is no constitution they base rulings on. This means that if the Knesset passes a bill regardless by what % of MK's voting for the bill. The SC can cancel that law/bill by a simple majority and the knesset cannot do anything about it.

The reform bill basically wants to give the elected officials of the Knesset the ability to choose who should be on the SC just like in the USA. They also want to take away the ability of the SC to cancel basic laws. They want to put the power back in the hands of the knesset who are democratically elected by the people.

This terrifies the left in Israel since they know they will never have a majority again in the Knesset. They will always need to rely on people like Lieberman, who although sat with Lapid is generally Right Wing, Gantz as well is Center Right and will also want more right wing judges if it was up to the Knesset. The left in Israel has only one thing preventing a true right wing country. That is the SC and that is why they are fighting until the bitter end.



« Last edited by username on March 27, 2023, 12:28:23 PM »

Author Topic: Israel: Judicial Reform & Future of Democracy....  (Read 46076 times)

Offline AMH

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #300 on: July 24, 2023, 08:36:43 AM »
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Offline AMH

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #301 on: July 24, 2023, 08:39:18 AM »
Voting now for the 3rd time
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Offline AMH

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #302 on: July 24, 2023, 10:22:09 AM »
Seems like the left are trying a mini Jan 6
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Offline Sam 77

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #303 on: July 24, 2023, 10:59:59 AM »
Voting now for the 3rd time
Did it pass?

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #305 on: July 24, 2023, 06:07:25 PM »
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Online mevinyavin

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #306 on: July 25, 2023, 05:36:00 AM »
https://www.israelnationalnews.com/news/374620

Quote
PM Netanyahu: Opposition did not agree to a single proposal to compromise
'Fulfilling the will of the voters is absolutely not the end of democracy, but the essence of democracy,' PM Netanyahu says.

Israel National News
  Jul 24, 2023, 10:31 PM (GMT+3)
Israeli Prime Minister Benjamin Netanyahu on Monday evening addressed the Israeli public, explaining why the Knesset approved the changes to the reasonableness standard and asking the opposition to cooperate to reach broad consensus on the rest of the judicial reform.

"Today we carried out a necessary democratic process," Netanyahu said. "This process was intended to bring back a measure of balance between the authorities - what we had here for 50 years."

"We passed an amendment to the reasonableness standard, so that the chosen government will be able to lead its policies in accordance with the decision of the majority of the country's citizens. Fulfilling the will of the voters is absolutely not the end of democracy, but the essence of democracy. Because of the importance of this issue, the coalition worked in every way to bring about agreements with the opposition."

Netanyahu emphasized, "I want to tell you, this is really not something that is to be taken for granted. In previous instances of sharp public disagreements, the governments did not reach out to those who opposed them. Not in Oslo A, not in Oslo B, not in the Disengagement from Gush Katif, and not regarding the agreements to give away State land and gas reservoirs to Lebanon and essentially to Hezbollah."

"But we - we acted differently. We did agree to stop the legislation. We stopped it for three straight months. We agreed to significant changes to the original policy. And I say with pain: Not a single one of our compromise proposals was accepted. Not even one. Even today in the Knesset plenum, at the height of the vote, until the last moment, we tried to reach agreements. But the other side continued to refuse."
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #307 on: July 25, 2023, 10:22:24 AM »
It is interesting that every paper which talks about the reform (and all on the front page) show the same picture of the water cannon hitting protesters. EDIT: But WSJ cut out the protester being hit by the cannon.

Unsigned op-ed in Washington Post


Full page ad in NYT from WJC





« Last Edit: July 25, 2023, 10:34:48 AM by mevinyavin »
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Echo chambers are boring and don't contribute much to deeper thinking and understanding!

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #308 on: July 25, 2023, 10:27:44 AM »
Did it pass?
Yup! No opposing votes 8)

Online mevinyavin

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #309 on: July 25, 2023, 10:38:30 AM »
WSJ op-ed. At least SOMEONE is being reasonable.


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Echo chambers are boring and don't contribute much to deeper thinking and understanding!

Offline zh cohen

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #310 on: July 25, 2023, 10:40:09 AM »
Unsigned op-ed in Washington Post


Even they can't find anything objectionable to this law, so they have to focus on this being "only the first step..."

Offline Spoon

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #311 on: July 25, 2023, 01:28:12 PM »
WSJ op-ed. At least SOMEONE is being reasonable.






WSJ news section is just as liberal as the rest of them.

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #312 on: July 25, 2023, 11:32:40 PM »
WSJ news section is just as liberal as the rest of them.
Perhaps, though my impression always was that their word choice is more neutral. Besides, the op-eds everywhere else are very one-sided, and the WSJ (similar to FT, btw) is much better in that respect. Remember that op-ed telling off the NYT about yeshiva-bashing? It was WSJ too.
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #313 on: July 26, 2023, 12:00:33 AM »
Perhaps, though my impression always was that their word choice is more neutral. Besides, the op-eds everywhere else are very one-sided, and the WSJ (similar to FT, btw) is much better in that respect. Remember that op-ed telling off the NYT about yeshiva-bashing? It was WSJ too.


News section and opinion section (op ed) are run completely separate. News is slanted towards the left opinion is right.

The Political Rise of Ultra-Orthodox Jews Shakes Israel’s Sense of Identity https://www.wsj.com/articles/israel-ultra-orthodox-haredim-military-service-supreme-court-of-ultra-orthodox-jews-shakes-israels-sense-of-identity-b3155e01
« Last Edit: July 26, 2023, 12:12:35 AM by Spoon »

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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #314 on: July 28, 2023, 02:54:13 AM »

News section and opinion section (op ed) are run completely separate. News is slanted towards the left opinion is right.
What I am discussing is a bit more subtle. WSJ tends towards more neutral language. Also, for instance, that water cannon picture that everyone ran - they all ran the whole picture except for WSJ, which removed the part of the picture where the cannon water was hitting a person.
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #315 on: July 28, 2023, 02:56:51 AM »
Excerpt from here: https://www.israelnationalnews.com/news/374795

Quote
Concerning the Changes Required in the Legal System In recent months, various people approached me with a request to call for unity and compromise between the coalition and the opposition, but I refrained from doing so. I will briefly clarify my position. Like many good people who are loyal to the nation and the country, I also believe that there is an urgent need for changes in the judicial system. Despite the good intentions, the judicial system is the institution that most harms the Jewish identity of the State of Israel, in its security, and ability to settle the Land. Certain rulings even put the future of the country at danger, such as the rulings that prevented the government from opposing the reunification of Arab families out of concern for the state's Jewish identity, and the rulings that invalidated laws designed to allow the state to encourage infiltrators and illegal residents to leave the country and, if necessary, deport them. The same holds true in matters of security, and settlement. Members of the coalition are public emissaries, and must fulfill their mission in correcting the judicial system. If the corrections can be carried out through agreement, it is appropriate to forgo and compromise for this purpose &#111n some of the required overhauls, provided the compromise is mutual, and the main problems are resolved. However, so far we have not heard from the representatives of the opposition, or the justice system, an understanding of the harsh claims against the justice system, and no practical proposal that takes into account the harsh allegations against it, which have been claimed for over twenty years. It is very unfortunate that an important and worthy public is not ready to understand the other side, but, with no willingness to offer a real compromise (agreeing to a discussion is not an offer), the public duty of the coalition members is to continue fulfilling their mission to make changes in the legal system, as required to preserve the Jewish identity of the State of Israel. The Fears and Hopes The harsh threats of the leftists and the excessive coverage they receive in the media, harm the State of Israel. However, in the long term, and probably even in the medium term, even if all the threats materialize, for the sake of the existence of the State of Israel and its prosperity, it is preferable to reform the judicial system. Is it Worth Getting Involved Indeed, important and righteous rabbis have published various calls for unity and compromise, but I refrain from doing so, because in order to intervene in these issues, &#111ne must be familiar with the issues themselves &#111n a professional level, as well as the complicated reality, and also, all the political manipulations, for if not, we will easily be exploited by &#111ne side or the other. We will be bombarded with false "facts", and they will use us for goals we never imagined. In general, I believe elected public representatives are mostly responsible people, who have the public's best interests at heart, and can be trusted not to plunge the State of Israel into dangerous places. True, the media and the legal system often criticize them, and even despise them, in order to undermine their credibility in the eyes of the voters, and reduce their authority to act in the interest of the state. However, the essence of a democratic regime is that we entrust the elected representatives with the authority and responsibility to run the country. We have the right to replace them in the next election – which is not the case in regards to the judicial system, which is not elected, and when it assumes powers, it is liable to lead the public into serious disputes, as the late former Supreme Court President Moshe Landoi correctly assessed. The Responsibility of the Rabbis Still, the role assigned to rabbis and educators is no less important - to educate towards the values of truth and goodness, Torah, work and science, love of the Nation and the Land, and to guard them. We also have a very important role in the issue of unity. It is appropriate for the public representatives to strive for a dignified compromise, but whether they succeed in doing so or not, we must learn and teach that every serious opinion must be respected, listened to attentively, and try to delve deeper and see how the entirety of important values can be integrated. In addition, we need to delve deeper and understand the sharp criticism hurled at the National, Religious, and Haredi camps, and try to correct what is appropriate. In this way, it will be possible to establish true unity, based &#111n giving a dignified and true place to all opinions, and their representatives.
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #316 on: July 28, 2023, 03:30:32 AM »
https://www.israelnationalnews.com/news/374820

Quote
The Israel Medical Association has infected what was once a sterile environment
Why are Israeli doctors putting their politics in my face? Op-ed.
Sheri Oz


  Jul 28, 2023, 6:30 AM (GMT+3)
Sheri Oz is a freelance writer whose articles appear on major websites and was a member of the Arutz Sheva news staff. She has lived in Israel for over 40 years and blogs at Israel Diaries


I would never ask what party my doctor votes for, nor what he or she thinks of the judicial reforms that are currently rocking the country. It is none of my business. So why are they making it my business? Why are doctors putting their politics in my face?

Even with the inconvenience it causes, I support it when doctors and nurses strike because of their working conditions – number of hours per shift and shifts per week, salaries, number of beds in a ward, and other elements directly affecting their ability to do their jobs effectively and to maintain their good mental health in a demanding field.

But when I am suddenly told not to come in for an important medical examination because the Israel Medical Association (IMA) has decided on a 24-hour strike in response to judicial reforms bills before the Knesset, does that make sense? The first reform to have passed and aroused the ire of the IMA is the Reasonableness Clause, which stipulates that the courts cannot overrule political decisions based solely on their own subjective world views, leaving in place, according to legal experts, other legal tools for this when necessary.

I visited Rambam Medical Center late that same morning to ask hospital spokesman David Ratner about the strike. There was only one question I was interested in, a question raised by blogger, Forest Rain Marcia: How was it possible that a government hospital did not prevent its doctors from striking in response to government policy having nothing to do with medical care? Not only having nothing to do with medical care, per se, but, in fact, preventing many, like me, from getting the care we were supposed to get on that day.

Ratner responded that the “medical association is a representative organization and as soon as it issues an official directive to the doctors belonging to the organization, we relate to it as a legal mandate. At the same time, if a doctor decides to work despite the strike – it is his or her right to do so and the hospital will, of course, honor that decision."

The IMA apparently organized transportation so the “white coats” could demonstrate in Tel Aviv to encourage the Histradrut (National Trade Union) to also strike against the new law, and to the Labor Court asked to weigh in on the question of the strike’s legality. A few hours later, after what the coalition ministers who filed the request considered inordinate delay, the Labour Court ordered doctors back to work immediately. Not so legal, after all.

While Rambam’s administration remained neutral regarding the strike, hospitals such as Hadassah Ein Kerem worked as if there was no strike, and I was told that others, such as Ichilov’s administration took an active part in the protests.

I discovered that some hospitals or medical clinics have/had signs up protesting the government’s judicial reforms and at others, including Rambam, some medical staff treat patients wearing stickers or red shirts with the words: “There is no health without democracy.” That is clear support for the anti-reform protests and does not take into consideration what it feels like for a patient who is in favor of the government’s judicial reforms to be treated by someone donning such a message.

That is what I meant above when I wrote about the doctor’s politics being in the patient’s face. Can this distract the patient from hearing what the doctor is saying about his or her medical condition?

Hadas Ziv, vice president for content and ethics at Physicians for Human Rights-Israel, is not bothered by this. In her article about the strike, she writes that patients are being held hostage by the government’s political games. She further argues that not only does the strike not violate the Hippocratic Oath but, rather, it protects patients -- and it is the government that has “abandoned” them. I wonder if Ziv thinks someone should accompany the public to the polling station on election day to make sure they put the “correct” ballot into the box.

I spoke with Dr. Bella Smolin, Senior Physician in Internal Medicine at Rambam, one of those who did not observe the IMA strike. We did not talk about her personal opinion regarding the judicial reforms but, only her attitude toward the strike. I have no idea to what degree she opposes or is in favor of the reforms. I only know that she has strong opinions regarding the means applied by the leadership of the anti-reform protests and the decision of the IMA to declare the doctors’ strike.

In introducing herself, she said:

“I am not right wing and I am totally secular – not close to tradition at all. I am over 50 years of age and have been in Israel for 30 years. I remember from childhood that my parents taught me to think independently, not to let propaganda affect me. I remember my grandmother listening to German radio and my father listening to Voice of America. They taught me about basic principles used by totalitarian regimes that are unacceptable, such that the end justifies the means.

I saw that the IMA is convinced that they are right and, with that belief, they broke a rule that should never be broken – not to bring politics into medicine.

I am a third-generation doctor and my kids are learning medicine too. My mother’s stepfather treated German prisoners of war and he was asked how he could treat them and he said ‘I’m a doctor. They are my patients like all other patients. It’s a sacred principle.’”

That does not surprise Israelis where terrorists are treated in Israeli hospitals. Smolin continues:

“Now they broke this principle by trying to bring politics into medicine. As individuals, each doctor can protest, but as a group, the IMA cannot.

This bothers me more and more as the protest grows. I notice more signs of Bolshevism on the part of the protest leaders. In addition to “the end justifies the means,” if your opinion does not correspond with ours, your opinion does not matter. I see the lying and catastrophizing used to get people out to demonstrate. Saying things like judicial reform hurts the health system is unfounded. It is unconscionable.

Propaganda works on almost everyone. There are few people, and this is not related to their intelligence, who can see through systematic propaganda unless they have been educated to do so. What is happening reminds me of what I ran away from.”

I asked Dr. Smolin why the IMA took on this task, such as organizing a rally in Jerusalem on Sunday before the fateful vote in the Knesset the next morning and then the strike when the bill was passed. She responded that IMA chair Professor Zion Hagai is a politician who was in Bogie Ayalon’s political party and, like many doctors, seems to sincerely believe that the reforms are destructive to the nation. But there have been anonymous commenters to articles on a doctors’ website who did not agree that the IMA should be acting as a political body. One should wonder why they comment anonymously.

In the beginning, Smolin was undecided about the whole issue, but when she was thrown out of a group for raising issues questioning the “party line,” she grew worried. Now she is on one of a number of Whatsapp groups of doctors who want the IMA to stay out of politics.

Will others speak up openly like Dr. Smolin about keeping politics out of medical care?

I am left wondering if I will be brave enough to ask a doctor or nurse treating me to remove an anti-reform sticker or to close the white coat so I don’t have to see the red shirt. After all, my health treatment is in his or her hands and I hesitate to antagonize the one upon whom I am so vulnerably dependent. I shouldn’t be put in the position where I ask myself that question.
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #317 on: July 30, 2023, 03:07:45 AM »
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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #318 on: August 03, 2023, 08:12:49 AM »



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Re: Israel: Judicial Reform & Future of Democracy....
« Reply #319 on: August 03, 2023, 10:31:09 AM »
https://www.israelnationalnews.com/news/375068

Quote
Minister files Supreme Court petition against Attorney General
Negev and Galilee Min. Waserlauf petitions Supreme Court to end selective enforcement by Attorney General Baharav-Miara.
Israel National News
  Aug 3, 2023, 4:28 PM (GMT+3)


Negev and Galilee Minister Itshak Waserlauf (Otzma Yehudit) on Thursday filed a petition with the Supreme Court against Attorney General Gali Baharav-Miara, Israel Hayom reported.

in a petition, he expressed his stance on the Supreme Court involving itself against the Attorney General, pursuant his previous motion to the Attorney General that they have not received an acceptable response. He also claimed there is no option for judicial intervention as a result of non-enforcement against the string of rioting which occurred in the framework of protests against the judicial reform.

In the petition, Minister Waserlauf requested of the court to issue conditional orders which will instruct Baharav-Miara to explain which she will not instruct issuance of indictments and civil suits against those who have blocked roads, and against the leadership and organizers of the blockages. Alternatively, she is requested to express why she will not give an instruction which would state that the previous instruction was fundamentally in error and that the road blocks have been carried out due to ideological motives.

Minister Waserlauf emphasized in his petition that the Attorney General is taking steps which are indisputably selective enforcement, and in her behavior is abandoning the public to violence and criminal conduct: "She is shirking he responsibility and abandoning the public to a methodology of violence and criminality."


Waserlauf responded to the reports, saying, "I will not rest and I will not be silent in face of selective enforcement which screams to the heavens, therefore I have appealed to the Supreme Court against the Attorney General, that she is not doing her job. Several times I have turned to and called to the Attorney General to 'put an end to the selective enforcement,' and warned the discriminatory conduct of the Prosecutor's Office may bring a collapse of the rule of law, and destroy the public's belief in law enforcement."

"The Prosecutor's Office, which during the Disengagement operated like a terrifying tiger, and issued hundreds of expedited indictments over roadblocks, including requests of arrest until conclusion of legal proceedings, has turned into a sleepy pussycat when we're discussing the protests against the reform, and takes no effort to make an appearance of enforcement against a handful of outlaws which are creating anger in the Israeli streets."
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