The High Court of Justice
What does the rabbi think about the ruling there?
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This is what I wrote to a judge friend who sent me the summary of the case:
This is amazing. Once again, the division in the Knesset is sharp between conservatives and others. There are no surprises and everything is sealed. Whoever determines the composition has determined the outcome. This is an unbearable situation, even though the decision itself is very reasonable in my opinion.
How can one then argue against representativeness in the court? The naivety that everything is professional and does not depend on the agenda and personal values of the judges is outrageously shameless.
In the past, I listed for you rulings on matters of religion and state, in all of which, until the last, opinions were divided categorically between religious and secular. Of course, the majority is always secular. And again, whoever determines the composition thereby determines the outcome.
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It seems that our conservatives are wrong about the facts
Many rulings have been made by conservatives against liberals
and vice versa
in the Israeli court that I follow
I'm not wrong. I know the cases and I didn't say there are no exceptions. But in the last two rulings the division is unequivocal. In a series of rulings on issues of religion and state there was an unequivocal division and without exception between religious and secular.
There is research that shows that religion and state are the main issues where the phenomenon the rabbi describes really exists (a study by the Winschel Foundation from the Hebrew University), in other issues there is not such a sharp phenomenon. Perhaps today we can also add the intervention in basic laws, but this is an issue that is very natural to be correlated with a conservative/liberal perspective.
It is worth noting that quietly, here too, a Basic Law was repealed. In addition, the court implicitly ruled that it is permissible to "remove" a prime minister even if he is physically and mentally fit. In other words, the public service is permitted to suspend the elected prime minister.
Having said all this: postponing the application of a law to the next term is a reasonable thing in itself, which can truly neutralize extraneous motives. Perhaps this is a practice that should be adopted with every change to a Basic Law.
It is also worth noting that the coalition of horror is quietly enacting personal basic laws. It seems to me much more serious.
And by the way, a basic law was not repealed here, but rather its application was postponed. The court also did not rule on anything implicitly. It simply left the situation as it is now, whatever that means. If anything, then the coalition, in this legislation, has implicitly determined that in the current situation it is permissible to remove a prime minister from office.
In the current situation, there was a lacuna (it was not explained what incapacity is). The Knesset tried to clarify this, a clarification that I think is completely logical, bordering on the dictionary. By rejecting the clarification, the court effectively ruled implicitly that incapacity is not limited to a medical or mental condition.
I agree with you that it would have been more correct if the Knesset had determined from the outset that the law would apply from the next Knesset onwards.
The fact that the coalition is failing is irrelevant. A failing Knesset is a Knesset, just as a failing court is a court.
Well, I already explained that.
Regarding the end of your words, I couldn't follow. A failed Knesset is a Knesset like a failed court. That's right, and just as people criticize the court for being failed, they criticize the Knesset for being failed. So what's the comment? Do you think it's wrong to criticize the Knesset for enacting a personal basic law because it is the Knesset? So we can close the digression altogether.
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