Thursday, February 23, 2023

Israel's New Religious Government and their Supreme Court of Judges and Israelis

 Nadene Goldfoot                                                   

Marches, Demonstrations, people show they are up in arms over new government action in Knesset  
      Scene in Knesset chamber with a passing of the latest bill

Staging stormy protests, tens of marchers outside and opposition members in the chamber overnight 0, called the 63-47 passing of the “government’s judicial coup” on Monday, Feb. 20, a “death blow to democracy.”  

PM Binyamin Netanyahu said Monday was “an important and great day” and called for negotiations with opponents without prior conditions.                      

Netanyahu's first meeting with Palestinian President Yasser Arafat at the Erez crossing, 4 September 1996

Netanyahu has been prime minister earlier 2 different times previously.  ; born 21 October 1949) is an Israeli politician who has been serving as the prime minister of Israel since December 2022, having previously held the office from 1996 to 1999 and again from 2009 to 2021.

Leaders of the opposition before Netanyahu's new term were: 

Prime MinisterNaftali Bennett
Yair Lapid


That is the NEW government's coup, made up of Orthodox member groups.  They are suspicious of their changes.  

                                               

Opposition leader Yair Lapid pointed to pro-law coalition voters, saying “History will judge you”. 

                                                

Naftali Bennett:  The coalition had recently limped from crisis to crisis, and faced the real possibility of the opposition clinching a majority to bring it down. Instead, Bennett and Lapid decided to end things on their own terms, announcing they will initiate legislation next week to dissolve parliament and send Israel to its fifth general election in three-and-a-half years.

Benny Gantz: “A black day for democracy.” 


Vocal members of the opposition rallies outside the Knesset and other parts of the country vowed to step up their campaign against “this key landmark in time since the state was founded” and “a betrayal of the Declaration of Independence.


In the Declaration was a section on borders that is interesting:

The borders were not specified in the Declaration, although its 14th paragraph indicated a willingness to cooperate in the implementation of the UN Partition Plan. The original draft had declared that the borders would be decided by the UN partition plan. While this was supported by Rosen and Bechor-Shalom Sheetrit, it was opposed by Ben-Gurion and Zisling, with Ben-Gurion stating,

"We accepted the UN Resolution, but the Arabs did not. They are preparing to make war on us. If we defeat them and capture western Galilee or territory on both sides of the road to Jerusalem, these areas will become part of the state. 

Why should we obligate ourselves to accept boundaries that in any case the Arabs don't accept?" The inclusion of the designation of borders in the text was dropped after the provisional government of Israel, the Minhelet HaAm, voted 5–4 against it. 

The Revisionists, committed to a Jewish state on both sides of the Jordan River (that is, including Transjordan), wanted the phrase "within its historic borders" included, but were unsuccessful.                 

Thousands of Israelis hold signs and wave the Israeli flag as they walk in the streets of Tel Aviv, protesting the Israeli government's planned legal reforms. February 13, 2023. (credit: TOMER NEUBERG/FLASH90


63 lawmakers voted  destroy the House [Jewish Homeland],” they shouted from a sea of blue and white national flags.  47 voted against it.                                                

The Jewish Home (Hebrewהַבַּיִת הַיְהוּדִיromanizedHaBayit HaYehudi) is an Orthodox Jewish and religious Zionist political party in Israel. It was originally formed by a merger of the National Religious PartyMoledet, and Tkuma in November 2008.

This appears to be a fight between the religious and the non-religious but nationalistic parties, and this reflects Judea and Samaria and the villages, towns and cities that have been built by more religious Jews aware of their historical history who favor living there again.  The area is divided into 3 sections, a,b,and c.  C is for building by Israelis, but Arabs have been encroaching on land here and also building.  A is for Arabs, B is for both.  The problem is that all of Judea and Samaria are eyed by the Palestinian Arabs as their future state of Palestine.  Their Palestine is to have absolutely no Jew allowed to live in it.  The Orthodox have risen to the occasion and want to be allowed to live in their areas without attacks from Arabs, protected by Israel.  It was their original homeland.  Jews are from Judea, after all. 

An aerial views shows Israelis holding flags as they demonstrate on a bridge on the day Israel's constitution committee is set to start voting on changes that would give politicians more power on selecting judges while limiting Supreme Court powers to strike down legislation, outside the Knesset, I (credit: REUTERS/ILAN ROSENBERG).                           
Associate justice nominee Elena Kagan meets with Senator Patrick Leahy on May 12, 2010, prior to the start of her confirmation hearings

How does USA select Supreme Court judges?
The Constitution does not set any qualifications for service as a justice, thus the president may nominate any individual to serve on the Court. In modern practice, Supreme Court nominations are first referred to the Senate Judiciary Committee before being considered by the full Senate.  

                                                  

Levin announces sweeping proposals to severely curtail judges’ powers; claims court’s intervention in decisions, Knesset laws harms democracy; opposition warns of ‘political coup.’

The reform bill’s author Justice Minister Yariv Levin pledged: 

“I won’t be deterred from pressing forward with my effort to repair the justice system so that it is no longer the province of elites and the aristocracy but belongs to everyone.” 


He called on opposition members to show responsibility and sit down and talk, because,” he said, “understandings can be reached.”

                                                     


1.One of the first sections passed would deny the High Court the prerogative to inpede at will parliamentary legislation.


 2. and the second would give the government coalition a majority on the judge appointments panel. These sections face two more readings before being passed into law while further sections are yet to be put to the vote in the plenum.

To be more specific:

He specified change in four core areas: 

1. Restricting the High Court’s capacity to strike down laws and government decisions, by requiring an enlarged panel of the court’s judges and a “special majority” to do so, and including an “override clause” enabling the Knesset to re-legislate such laws unless all 15 justices unanimously ruled to strike them down; 

2. changing the process for choosing judges, to give the government of the day effective control of the selection panel; 

3. preventing the court from using a test of “reasonableness” against which to judge legislation and government decisions; 

4. allowing ministers to appoint their own legal advisers, instead of getting counsel from advisers operating under the Justice Ministry aegis.



Resource:

https://en.wikipedia.org/wiki/Israeli_Declaration_of_Independence#:~:text=The%20Israeli%20Declaration%20of%20Independence,Agency%20for%20Palestine%2C%20and%20soon

https://en.wikipedia.org/wiki/The_Jewish_Home

https://www.timesofisrael.com/justice-minister-unveils-plan-to-shackle-the-high-court-overhaul-israels-judiciary/

https://en.wikipedia.org/wiki/Benjamin_Netanyahu

https://en.wikipedia.org/wiki/Benjamin_Netanyahu#:~:text=info)%3B%20born%2021%20October%201949,again%20from%202009%20to%202021.

https://en.wikipedia.org/wiki/Naftali_Bennett

https://www.timesofisrael.com/bennett-we-made-a-tough-decision-but-it-was-the-best-for-the-country/

https://www.debka.com/judicial-reforms-opening-stage-carried-63-47-in-first-knesset-reading/


https://en.wikipedia.org/wiki/Nomination_and_confirmation_to_the_Supreme_Court_of_the_United_States#:~:text=The%20Constitution%20does%20not%20set,considered%20by%20the%20full%20Senate.

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