Friday, September 08, 2017

A Comment Regarding the Israeli Legal System

By HaRav Eliezer Melamed
Rosh HaYeshiva, Har Bracha

Recently, we have once again been informed that the Supreme Court has undermined the government’s policy regarding infiltrators. They have also frozen the ‘Formalization Law’ (‘Hok Ha-hasdara’) for an indefinite period, and all the efforts of Knesset members – representatives of the voting public, has gone down the drain. Following the Supreme Court’s decision, ministers and MKs voiced sharp objections and criticism about the legal system. However, the dismal situation of the judicial system has been apparent for a long time – from the justices of the Supreme Court, to the legal counsel and state attorneys – all of whom are committed to the rights of the individual, at the expense of Jewish national values. The complaints against them are futile – their views are clear, and they will not alter them.

Therefore, all the criticisms of the ministers and Knesset members are ineffectual; instead, they must utilize the power in their possession, and change the legal system from the ground up – this is what they were elected for! This will require a public and media struggle, including unambiguous legislation on national issues, changing the procedure for selecting judges, dividing the powers of the Attorney General, and restoring the role of legal counsel as advisers, and not policy makers. If there are ministers and Knesset members who feel that other MK’s in the government and Knesset are interfering with this change, they should publically condemn them, and not the judicial system, so the entire public will know who is critically violating their rights as a nation, and as an electorate.

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