Israel's Supreme Court is not above the law and not a law unto itself
Israel's Supreme Court is not above the law and not a law unto itself

The people of Israel need to see sanity brought to a Supreme Court that has been on a rampage with self-given and unrestrained Illegally seized powers with which it dictates its political will to all branches of government and without hindrance, creates Injustice.

It cloaks itself as a ruling governing entity and wields power by decree. This pompous, tyrannical Court supports the interests of the E.U., the Palestinians and anti-Israeli NGO’s, but to the Jewish people and the State of Israel it issues harsh rulings that have the look of an extreme leftist vendetta.

The Supreme Court’s so called ‘Rule of Law’ is a politicized phrase used to serve a political agenda, to deflect legitimate criticism and to let the courts get away with irresponsible and legally unsupportable judgments.

Any law not to the Court’s liking is arbitrarily declared “unconstitutional.”

It eliminates laws which might threaten its self-given powers, and has done so with the same and highly useful declaration of, you guessed it, “unconstitutional”!

There are individuals who provide fervent support and protection to this court and sanctimoniously identify with it. Their absurdly proclaimed support of the “Rule of Law” is possibly meant to further their own ambitions with the Court - and that includes Finance Minister Kahlon head of the Kulanu party.

It is important to note, that the Supreme Court is not an elected body! Also, contrary to what the Supreme Court and the Attorney General Mandelblit like to claim, there is no such thing as being “unconstitutional” as Israel has no constitution that can be violated and its Basic Laws are open to interpretation.

Instead of supporting the government Mandelblit has acted at cross-purposes with it and is engaged in a conflict of interest. He sat by as the Supreme Court violated the separation of powers between the Judiciary, the Knesset and Government Ministries, came out against the will of the government with regard to the Regulation Law.

When individuals pander to the court, it is very likely done with the hope of future favors or to become a future Justice; the government and people wind up paying the price.

The Court has used its ‘Seized Power’ to bully with intimidation and threats, the government and the Knesset into obedience.

The Court’s intention is to be able to veto any Court appointee not to its liking, which is equal to making its own appointments. How much worse can it get?
It should be no surprise to see the effort by Justice Minister Ayelet Shaked for reforming the appointment of new Court justices, to be assailed by Court justice Miriam Naor, using the fraudulent and overused “unconstitutional” tool.The Court’s intention is to be able to veto any Court appointee not to its liking, which is equal to making its own appointments. How much worse can it get?

 A new Court should be established from the ground-up, which could incorporate some principles from the Torah that have significance and importance for our modern times.

The present Court is guilty of abusing authority and causing great hardship. It is responsible for many lives and property being destroyed. It has brought misery, sorrow insecurity, depression, unhappiness and distress to Israeli society. How can this be tolerated in G-ds given land where there is supposed to be justice and benevolence?

How can any Court Justice sleep at night?  They seem to have an indifference and lack of compassion for their countrymen.

It is not just Amona. Who should be held accountable for the violence being committed by illegal infiltrators, which the Court has kept from being deported?

Ask the rape victims, and all others that have been assaulted! Ask the robbery victims. Ask the South Tel Aviv residents how safe they feel in their own home or on the street? Why has this situation not been remedied?

One can summarize the unacceptable court actions as follows:

  • Assuming powers not given to them
  • Trying to Legislate, meddle and dictate government policy
  • Trespassing on responsibilities of other government agencies
  • Vengeful rulings and actions against the government and people  
  • Blocking the transfer, by the Knesset, of illegal infiltrators
  • Appointing Justices among themselves (Cronyism)
  • Discriminatory and Prejudiced rulings
  • Fulfilling agendas of Foreign Powers and hostile NGO’s    
  • Violating the separation of powers between the Judiciary, the Knesset and Government Ministries

Guidelines are needed for any future Supreme Court:

  • Need to be Vetted by the Knesset and the Justice Ministry
  • Restricted to a clear working Mandate
  • No interference with other government bodies or Ministries  
  • No interfere with the functions and requirements of the IDF
  • Only the government has the prerogative to select Court Justices
  • The ‘Judicial Selection Committee’ appoint new Justices, which should be on the basis of a simple majority, or five votes. The same rule should be used to apply for the removal of Judges, if it becomes necessary
  • The Court is in the Service of the Government and people of Israel
  • When the Knesset passes a law, the Court is NOT empowered to invalidate that law, nor in defiance, to apply laws of their own making, which would rank as an attempted insurrection
  • The Court is not above the law and not a law unto themselves
  • The Court is accountable to the people and when that line is crossed there have to be consequences.

There are now more and more public officials and individuals expressing outrage against the despotic Supreme Court.

According to Attorney Itamar Ben-Gvir:

“I believe that the Supreme Court judges have replaced the Government, the Army Chief of Staff - and maybe they also want to be the Chief Rabbis of the IDF and of the State of Israel.

In recent years, we are witness to a very problematic phenomenon. The Supreme Court allows itself to cancel legislation passed by the Knesset. It allows itself to cancel government decisions. [Now it is stepping things up a notch] and wants clarifications from rabbis.” …

“Today, the Supreme Court has replaced both the Government and the Army.”

According to Rabbi Dr. Ratzon Arusi:

“Today, the Court has taken for itself the authority to create laws and nullify laws of the Knesset.” 

According to Tourism Minister Yariv Levin:

"I think we need to change the court system, starting from its very foundations.”

According to Caroline B. Glick: 

"If the Knesset doesn’t have the right to pass laws that run counter to Supreme Court decisions, then the public that elected the Knesset is effectively disenfranchised. Far from securing Israel’s democracy and constitutional order, opposition to the settlement Regulation bill undermines both.”  

The government has to take charge and use its authority to faithfully serve the people of Israel by correcting the injustices that have occurred and to shut down the law breaking Supreme Court.  

(An excellent and very relevant article by Caroline Glick can be read at:  http://carolineglick.com/amona-and-the-rule-of-law/ ) 

John Brent is an entrepreneur and retired Independent Insurance Broker from the State of California, now residing in the State of Nevada.