Wednesday, November 01, 2006

Judicial Tyranny in Israel

Today in Israel the true power is the Supreme Court, not the Knesset and the not the Prime Minister. A perfect example is the Court's actions in the case of the President. The supreme court gave President Moshe Katsav one week to explain why he has not stepped aside as he faces a possible rape indictment. The only problem is that the law explicitly states that the President is not answerable to the courts and in fact, the law provides him full immunity. Here is the text of the law:

לא ייתן נשיא המדינה את הדין לפני כל בית משפט בשל דבר הקשור בתפקידיו או בסמכויותיו, ויהיה חסין בפני כל פעולה משפטית בשל דבר כזה

The President will not appear before the courts on any matter that is related to the fulfillment of his office or duties and he will have full immunity from any legal action relating to this (my translation).

The law could not be clearer that the Courts have no power over the President. Does that bother the Supreme Court? Clearly not, they still ordered him to respond why he didn't resign. In any other country the court would have thrown this out. The following quote is a perfect example of the attitude of the Supreme Court (Legal Analysis / Digging in, not relinquishing):

the High Court can express its moral-ethical position on the matter at hand, even if it rules that the president has immunity against any order whatsoever.

Who appointed the Supreme Court the moral and ethical arbiters of society? What makes them any more qualified to offer moral and ethical opinions then anyone else? Based on what do they offer their moral and ethical opinions and why should they be binding on anyone?

The Supreme Court should have 1 and only 1 purpose, to decide matters of law.