Page 35 - Jewish News_December-2020

COMMENTARY December 2020 35A

Hanukkah reminds us to have hope in times of despair Israel Supreme Court protects democracy

those who struggle. By Harold M. Halpern
And for those who find themselves little more than a year ago, I Early Basic Laws created the gov- decision. The powers of the Knesset pointed Judges, should decide what is
among the isolated, Hanukkah reminds went to Israel with four col- ernment with three separate branches: and the executive branch of govern- in the citizens’ best interest.
us to have hope in times of despair, A leagues from the American the Knesset is the legislative branch, ment are limited by judicial review. The supporters counter-argue that
and to kindle the light and love we all Association of Jewish Lawyers and the Prime Minister and the Cabinet are Liberty and democracy are protected democracy requires that the maker of
share. I offer you now this new addi- Jurists. Our mis- the executive branch, and the Judicia- by the Supreme Court against unfet- the laws should not also be the judge of
tional prayer to recite each night of sion was to learn ry headed by the Supreme Court is the tered legislation. This separation of its own actions. Such determinations,
Hanukkah. Though it won’t suddenly about Israel’s le- third branch. powers among the branches of govern- they contend, belong to the indepen-
allow you to hold someone’s hand, I gal issues. The Knesset adopted the Basic ment is the hallmark of democracy. dent judiciary.
pray that it will help you to feel held by Today, I am Law of Human Dignity and Liberty in The Israel Supreme Court’s stan- The issue is not merely an academ-
God. Just pause for a moment before writing about the 1992. In 1994 it adopted the Basic Law dard for determining the constitutional- ic debate. It is a live political issue.
lighting your candles and say: Israel Supreme of Freedom of Occupation free from ity of a statute is a three-prong test. Step The Yamina party, a coalition member
Yodeah ta’alumot, Knower of all Court and its con- any form of discrimination. These two one requires the law to have a rational with Likud in the last Knesset and now
mysteries - tributions to de- Basic Laws create an enduring com- purpose. Step two requires the law to a member of the Opposition, has pro-
May you who performed wondrous Harold M. Halpern mocracy. We met mitment to human rights. fulfill its purpose by the least drastic posed legislation to give the Knesset
deeds for my ancestors, with Aharon Barak, retired President of However, the Basic Laws did not means. Step three requires that the law the power to override decisions of the
At this season in days of old, the Court; Elyakim Rubinstein, retired provide a means of enforcement. The be proportional; that is, the benefit of Supreme Court. The current COVID-19
Help the socially distant love I share, Vice President of the Court; Salim Jou- Supreme Court came to the rescue in the law is greater than the harm caused. and economic crises as well as govern-
Be expanded enough to nurture my bran, the retired first permanent Israeli 1995. The Beit Surik Village Council ment instability has put the legislation
lonely soul. Arab Judge of the Court; and Yitzhak The Court, in United Mizrahi v. case against the Government of Israel on the back-burner. If such legislation
Like the oil that miraculously Zamir, retired former Judge of the Migdal Cooperative Village, deter- is a good example of the application of was adopted, it would seriously weak-
replenished itself, Court. They gave us great insight into mined that the Basic Laws of Israel the three-prong test. Israel built a sep- en judicial review and separation of
May my resilience continue to be legal issues and judicial philosophy. were equivalent to a constitution and aration fence between it and the West powers. A counterproposal has been
replenished as well, Democracy in Israel begins with superior to ordinary Knesset laws. The Bank. Its purpose was to prevent ter- floated which would accept overrule
Until you see fit - to bless us all - its Declaration of Independence pro- Court declared that it had the power of rorist attacks in Israel coming from the by a super majority. Judge Barak told
With the miracle of health and claimed on May 14, 1948. The Decla- judicial review to decide the constitu- West Bank. The fence separated the us that he didn’t object if the super
togetherness once again. ration includes a ringing commitment tionality of ordinary laws. The Court Village from its outlying farms. majority was sufficiently super. “Why
to all its inhabitants of liberty, justice, justified its decision, in part, on Mar- Judge Barak, writing for the Court, not?” he asked. “It is a way of amend-
equality, freedom of worship and con- bury v. Madison, decided in 1803, by found that the fence satisfied steps one ing the constitution,” he answered.
Buying or Selling? science, and freedom of education and which the Supreme Court of the Unit- and two. The Court however, ordered There are other pending proposals

Call Realtor David Weiman culture, free from any form of discrim- ed States asserted its right of judicial that the fence be moved. Judge Barak impacting the Supreme Court to reduce
®
review.
wrote that the “relationship between
ination.
its jurisdiction over some matters and
Residential Agent / Business Broker Israel does not have a written con- Justice Barak, President of the the injury to the local inhabitants and to make their appointment subject to
DavidWeiman@WagnerRealty.com stitution. In lieu of a constitution, the Court, wrote in Mizrahi, “True democ- the security benefit from the construc- more political influence. Discussion of
www.DavidWeiman.WagnerRealty.com Knesset adopts Basic Laws. The totali- racy recognizes the constitutional power tion of the separation fence…is not these proposals is beyond the scope of
Fluent in Hebrew. Active member of the ty of the Basic Laws will form a consti- to entrench basic human rights against proportionate…and the injuries could this column.
Jewish Federation and Community. tution when all are adopted. It remains the power of the majority.” Without ju- be substantially reduced by an alter- I leave you with my conclusion.
Call David a work in process. Agreement on the dicial review, there would be no means nate route.” The Supreme Court of Israel has been
941.404.5898 final Basic Laws is mired in political to enforce the constitution. Proportionality is an activist judi- a bulwark for democracy.
differences. The Mizrahi case is a landmark cial philosophy. Critics of the Court Harold Halpern is a retired attorney
say it has gone too far in encroaching living in Lakewood Ranch. He is a
IN 2019, on legislative and executive decision board member of the American Asso-
making. They argue that the Knesset
ciation of Jewish Lawyers and Jurists
ANTISEMITISM and the executive branch represent the as well as a board member of the West
will of the people and they, not the ap-
Coast Chapter of AJC.
GREW BY
%
12
Big moments 12% ac c or ding t o the ADL ’ s Opinions printed in The Jewish News of Sarasota-Manatee
do not necessarily reflect those of The Jewish Federation
of Sarasota-Manatee, its Board of Directors or staff.
according to the ADL’s
annual audit
his is
T
.
DESERVE BIG MAZELS annual audit. This is Briefs...continued from page 33A most Arabs the terms peace and
the highest number
er
the highest numb
arrived in the U.S. with little real ex-
amination of their wartime records.
d sinc
on r
e 1979.
ec
on record since 1979.
or
sociated with extremely negative
(Amy Davidson Sorkin, New Yorker) normalization with Israel were as-
connotations: humiliation, sub-
A NEW UNDERSTANDING mission, defeat and shame.” To the
DAWNS IN THE MIDDLE question of what ailed Arab and
EAST Muslim politics and society, there
‹ In the aftermath of the new peace was always this widely-accepted
treaties between Israel and the answer: the State of Israel. If only
UAE, Bahrain and Sudan, important it could be eliminated, all would be
Arab public figures – from political well.
officials to clerics to intellectuals ‹ The new deals have now shattered
– are now openly proclaiming that that discourse, declaring that Israel
What are we doing about it? the Arab world has been the pri- is not the enemy it was alleged to
be, and promising a “warm peace”
mary author of its own pain. These
exchanges. They acknowledge that
nings of a new sensibility among
Commemorate life’s big moments EDUCATION. admissions may signal the begin- with broad economic and cultural
with a Federation Tribute! The Robert and Esther Heller Community Relations Committee takes Arabs and Sunni Muslims about Israel is not the problem, but rather
a partner on the path toward solv-
their political and social situation.
a firm stand against antisemitism. We use community resources and influence to ‹ Their error was the notion that Is- ing Middle Eastern woes.
combat a rise in antisemitism and anti-Zionist sentiments, which often result in rael was the most crucial enemy of ‹ Most crucially, the changes in Arab
aggressive acts and rhetoric against Jews. Through education, advocacy, and building Arabs, Muslims and their states, discourse regarding Israel have not
relationships with the greater community and law enforcement, together we can an enemy that had to be not only unleashed the vehement and wide-
combat hatred, bigotry, and harassment of Jews and other minorities. defeated but utterly eradicated be- spread explosions of opposition
cause it disrupted the harmony and throughout the Sunni world which
For more information contact Jessi Sheslow at 941.343.2109 or jsheslow@jfedsrq.org progress of the Arab and Muslim would have been expected in de-
Call Bonnie at Or visit JFEDSRQ.org/tribute world. Until recently, this view cades past. Rather, they seem to
bespeak views that were develop-
was central to Arab and Muslim
941.243.2115 to donate sensibility. ing over some time, waiting for the
Or visit jfedsrq.org/tribute
Call Paula at
opportunity to be let out. (Hillel
941.552.6304 to donate jfedsrq.org ‹ As Israeli Arab journalist Khaled Fradkin and Lewis Libby, Mosaic)
Abu Toameh has observed, “For