Former Supreme Court Deputy Chief Justice Elyakim Rubinstein today attacked attempts to weaken the judicial system during the Calcalist newspaper conference.
"One cannot not be worried about the situation today, at least where I come from, the judicial system. The Israeli court is a strategic asset of the State, internally and externally. There is a trend to weaken this system," he claimed.
According to him, "The trend is reflected in various ways. I hope assistance isn't given to it. I'm not a political person, I was not and will not be a party member. I believe that many in the political system understand the importance of this institution."
In this context, Rubinstein rejected the words of Justice Minister Amir Ohana: "The Justice Minister is being interviewed and talks about judges who have been dozing off. Hundreds of judges work every day and do justice in a not-easy system; I think we shouldn't weaken these systems.
"We're humans, human creations; there can't be an unsuccessful appointment, an unsuccessful decision. It's fine, it happens everywhere. The system in Israel was built with much toil."
Asked how he would have ruled had a petition against Overrule Clause legislation reached him, Rubinstein replied, "I won't say what the judges should do, but this is unnecessary. It wouldn't be a terrible disaster if there's overrule by large majority but this is unneeded. There is one country in the entire world where the legislature may overrule a judgment of the court, Canada, and it's not being used there. Here already 18 times there was legislation opposing Supreme Court ruling, part of it isotropic. As a lawyer, I know it's unnecessary."
Later in the interview, Rubinstein expressed support for amending the Nationality Law, "I hold in my wallet the Basic Law on Human Dignity. The idea of the Nationality Law, I have no problem with it. But, we have 20% non-Jewish residents. Equality for them is a sense of partnership, it's fairness, common sense. I favor not touching the Nationality Law, but adding to it the Equality Clause that recognizes the Declaration of Independence. In my opinion it's a matter of common sense. I'm in favor of correcting this matter."