Q&A: The High Court and Reasonableness
The High Court and Reasonableness
Question
Did the Rabbi happen to hear parts of the hearing? Does the Rabbi think that if they really strike down the law, or alternatively grant themselves extreme authority to intervene in Israel’s Basic Laws, Israel will remain a democracy? Isn’t that going beyond into a juristocracy?
Thank you
Answer
I didn’t hear it. Nothing like that would harm democracy. In principle, the Court can strike down Basic Laws when there are reasonable grounds for doing so, certainly when there is no Basic Law: Legislation that defines what a Basic Law is. The apocalyptic talk about juristocracy is demagoguery. At the moment, we’re closer to a coalition-ocracy.
Discussion on Answer
U.m
It was reported that ministers from Likud took part in a support rally for Rafi Kedoshim, chairman of the New Likud in Herzliya.
The guy is a convicted criminal who sat in prison 4 times; some say he was also a member of a crime organization.
I’m sure you’re proud of the government you chose.
Your eyes should read what your keyboard is typing.
1. The Court can strike down Basic Laws — who said so?
2. Reasonable grounds — who decides what those are?
3. Certainly because there is no Basic Law: Legislation defining what a Basic Law is — there are other things you can’t do when there is no Basic Law: Legislation, like striking down laws on the basis of Basic Laws.
4. The apocalyptic talk about juristocracy is demagoguery — the fact that the claim is demagogic doesn’t mean it’s apparently not true.
5. For now we’re closer to coalition-ocracy — a thousand coalition-ocracies, which need to be worked out between Ohana and Maoz, and not one juristocracy that needs to be worked out between Hayut and her friends.