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Monday, July 17, 2023

Israel's and Other Supreme Courts of the World and What They Are Made Up Of

 Nadene Goldfoot                                           

  Knesset in Jerusalem. It is a single chamber parliament.   This permanent building was finished in 1966. Created in 1949, it has 120 seats.  All male and female citizens vote above the age of 18. Candidates must be above the age of 25.   

Members of the Knesset have certain privileges and immunities, especially immunity from arrest, which can only be waived by the Knesset as a whole.  Language is all in Hebrew but there are translators for Arab members.  Speeches in Arabic are translated into Hebrew.  There is no presidential power to veto laws passed by the Knesset, nor has the Israel Supreme Court the power of the US Supreme Court to declare a law unconstitutional, as there is no complete written constitution.  

  Wonder women of new cabinet:  

With this new government sworn in on June 13,2021 Israel is boasting the highest number of female ministers in a government since the state’s founding: One-third of Israel’s 27 Cabinet ministers are women and three of them are members of the powerful security Cabinet.  Israel also now has the highest number of women, seven, holding the most senior professional positions in Israeli public service including director-general – the most powerful role in a ministry.  And just like the coalition itself, the nine ministers have widely different backgrounds ranging from far right to far left and another who is one of two Knesset members with disabilities.  After two years of repeated elections and failed attempts at forming a coalition, this new government has made history in many ways including becoming the first coalition to include a Muslim party and the swearing in of the first member of Knesset who is deaf, Shirley Pinto.

        The head of the Supreme Court is also a woman, Esther Hayut.    

Israel, born in 1948, already had an Israel’s "Constitutional Revolution."

Israel's Declaration of Independence called for the swift drafting of a written constitution for the new country.  That did not happen.  Instead, beginning in 1958, the Knesset enacted 11 “Basic Laws” which establish the country’s basic political institutions.  Of these, the most consequential for the Supreme Court (in addition to, of course, the Basic Law on the Judiciary) have been the Basic Law on Human Dignity and Liberty and the Basic Law on Freedom of Occupation, enacted in 1992 (though the latter was replaced by a revised version in 1994). The Supreme Court interpreted the 1992 Laws as implicitly affording the Court the power of judicial review.  

The watershed decision was United Mizrahi Bank v. Migdal Cooperative Village (1995).  In his opinion in Mizrahi, President Barak described passage of the 1992 Basic Laws as "a constitutional revolution."  That phrase is often quoted, though generally with regard to the Mizrahi decision itself rather than the Basic Laws on which it relied.

      Netanyahu and Hertzog in front sitting

Now Netanyahu's decision about the Supreme Court has shook up his population  Under pressure from protests, Netanyahu's coalition already tabled the most controversial part of the plan, which would give the ruling government the power to override the Supreme Court. The push for more control widely is seen as a preemptive step toward enacting a controversial legislative agenda  and they are demonstrating according to NPR, an American opinion who think that Netanyahu's government thinks the Supreme Court is too liberal and blocks policies promoted by ultranationalist and ultra-Orthodox politicians.  

               Benjamin Netanyahu, just taken to hospital for dehydration and possible chest pains.  After all-night hospitalization, Sheba Medical Center says premier’s heart is ‘completely normal’ and that doctors used a subcutaneous Holter monitor ‘as is customary.’ Sheba is said to be the best hospital in Israel.  

 Netanyahu now has Orthodox Jewish ministers who have different expectations for Judea and Samaria than the usual.  Biden has not asked Netanyahu to Washington, but just gave an invitation to Hertzog, the President of Israel who is on his way now.  That's a snub to Netanyahu.  


FINANCE MINISTER BEZALEL SMOTRICH

A West Bank settler who heads the hardline Religious Zionism party, Smotrich will lead the Treasury under a rotation deal with Aryeh Deri from the religious Shas Party. After raising concern by saying Israel would prosper if it embraced biblical values, Smotrich has clarified that he champions free markets.Smotrich, 42, opposes Palestinian statehood. In the past, he has agitated against Israel's Arab minority citizens, condemned LGBT activists and called the justice system too liberal. He now says he will serve all Israelis.His new cabinet duties include a role within the Defence Ministry overseeing West Bank settlements, which he wants to see expanded and, eventually, annexed by Israel. He previously served as transport minister. 

Update: 7/21/23  I believe I know why Smotrich is for building in all areas of A,B, and C.  It happens that this is what the Palestinians have been doing; ignoring the law of where each are allowed to build and they could in A and B only.  C was reserved according to the Oslo Accords to Jewish building.  So he figures, why not Israel, then?                    


INTERIOR AND HEALTH MINISTER ARYEH DERI

Deri, 63, an ultra-Orthodox rabbi, is the veteran leader of Shas, which draws support from religious Jews of Middle Eastern descent. His appointment to the new Netanyahu government has been challenged in Israel's Supreme Court given his conviction for tax fraud - without prison time - last year.

In 1999, Deri was sentenced to three years in jail for taking bribes. He returned to politics in 2012. Under his coalition deal, he will become finance minister in two years.

Shas, along with another ultra-Orthodox party, United Torah Judaism, has long raised concerns among secular liberals by demanding welfare benefits and military draft exemptions for its constituents.

So, what is life like in other countries for a Supreme Court?

In October 2009, The British UK Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom. The Supreme Court's 12 Justices maintain the highest standards set by the Appellate Committee, but are now explicitly separate from both Government and Parliament.

The Supreme Court of the United Kingdom (initialismUKSC) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

This is distinguished by the number, 12 judges.  This means they can have a draw of 6 to 6.  In the USA, there are 9 judges, an uneven number, and in Israel, the Supreme Court currently consists of 15 justices; that number is established by the Knesset and has varied over the years.  

France has  unique Supreme Court of many levels.  The Court of Cassation (French: Cour de cassation [kuʁ də ka.sa.sjɔ̃]) is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes TribunalIt primarily hears appeals against the decisions of courts of assizes and courts of appeal (appeals-in-cassation). The Court only reviews questions of law (but not questions of fact) and bears ultimate responsbility for a uniform interpretation and application of statutory law throughout France. It also filters out appeals challenging the constitutionality of statutes before forwarding them to the Counstitutional Council, reviews lower court verdicts on request of the European Court of Human Rights and hears several other types of cases.

Being Israel is the only Democracy in the Middle East, there is no other country to compare with there.France is a Republic, and there's no current royal family recognized by the French state. Still, there are thousands of French citizens who have titles and can trace their lineage back to the French Royal Family and nobility. According to a report from the BBC, there are between 50,000 and 100,000 people who claim to be "aristocrats."

England is ruled by a king or queen, but does have a Democratic system with a parliament.  

Resource:

https://jewishbubba.blogspot.com/2023/07/comparison-of-democracy-of-usa-and.html

https://allisrael.com/the-wonder-women-of-the-israeli-cabinet

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

https://versa.cardozo.yu.edu/about-supreme-court-israel#:~:text=The%20Supreme%20Court%20currently%20consists,has%20varied%20over%20the%20years.

https://www.npr.org/2023/03/27/1166200532/israel-civil-war-netanyahu-court-control#:~:text=Under%20pressure%20from%20protests%2C%20Netanyahu's,enacting%20a%20controversial%20legislative%20agenda

https://www.reuters.com/world/middle-east/top-ministers-israels-new-religious-nationalist-cabinet-2022-12-29/.

2 comments:

  1. https://www.israpundit.org/smotrich-to-inn-a-lot-of-tensions-with-us-are-due-to-my-policies/

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  2. However, he points out that “there can be no debate about the fact that the Palestinian Authority is a body that supports terrorism, pays salaries to the families of terrorists, and actively encourages terrorism. The PA works against Israel in international institutions, in violation of the law and the agreements signed with the State of Israel. In the face of this Israel must take an active policy.”

    “In the Ministry of Defense, I manage a very serious staff which works to change the enforcement policy in Judea and Samaria. We emphasize dealing with the PA’s efforts with international backing to take control of territories, to protect the vital interests of the State of Israel in the region. It is very important that the IDF maintains unequivocal freedom of action in Judea and Samaria to thwart terrorism. This freedom of action exists and in everything related to the fight against terrorism, we can and should do much more,” concluded Smotrich.

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