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AddReply(258463,"Ripping Away The Mask Of The Anti-democratic Israeli \'Justice\' System","Adina Kutnicki","US","12/19/07","I was thrilled to read that Barak was challenged by such a judicial legal scholar.\n\nIt must be noted that two main view points animate Barak\'s thinking. First, he believes that EVERYTHING is judiciable, and that social engineering is the calling of the High Court. Really. Second, he has total disdain for the \'average\' citizen, and only believes that certain \'elites\' should hold the keys to Israel\'s lawmaking and decision powers.\n\nAside from Barak\'s craven hubris, he has in no small measure perverted what a court\'s mission is in an authentic democracy. His views were exposed for what they really are - the views of a gang of justices who interfere in EVERY sphere of life, including that which should be made by military commanders.\n\nHis supposed high regard for democracy was eviscerated when he VIOLATED the human/civil rights of a large segment of society before, during and after the expulsion. He believes that those who do not hold the same far left, post zionist views are defacto guilty of \'ideological\' crimes, if they dare to protest. \n\nNow, is THAT the way an authentic democracy advocate really should behave?");
AddReply(258357,"Excellent blog entry.  Thanks.","sk","USA","12/19/07","I disagree that Barak is a legal giant, though.  Posner--oh yes.  This fellow almost singlehandedly created a \"Chicago School\" of legal analysis (economic analysis of law).  And that was just the beginning.  He manages, as a sitting judge, to be a public intellectual as well and produce extremely important scholarship that is (amazingly enough) readable.\n\nI\'ll add another angle to Klein\'s analysis.  Yes, Posner has confidence in the American people\'s wisdom and love of liberty.  But you see, one facet of good government is that it encourages wisdom and love of liberty in the people, which then reinforces good government.  In other words, the relationship between a good mass public and a good government runs two ways--something that Barak doesn\'t understand at all.  \n\nPosner also understands what the American Founding Fathers emphasized so clearly:  englightened statesmen will not always populate the political system.  For this reason, government must be \"contrived\" so that conflict among politicos is built in.  The idea, therefore, that a branch of government should have the overwhelming preeminance that Barak\'s court has is FUNDAMENTALLY wrong.  And while the legislature (not the Court) was intended to have the most power, even the legisture is checked internally by having two houses.\n\nBarak lectures America?  What a hoot!  His views are not innovative but in fact atavistic.  His power grab, sadly, is exactly what one would expect in a political system that does not properly implement checks and balances.  Specifically, it is what one would expect when the legislature (Knesset) is enfeebled.");
AddReply(258352,"US Spreme Court","American","CHELM","12/19/07","Has made some hurtful to Life, Liberty & the Pursuit of Happiness, \nDecisions.  But it is livable and has NOT put itself into making G-D like decisions into the hands of ONE person.  Especially one person who seems to have NO regard for his fellow citizens.\n\nNow HER fellow citizens.\n");

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