For decades, the reputation of Israel’s legal system has been a beacon of light for Israel’s democracy. The country’s Supreme Court has earned itself considerable international prestige, even in places where Israel itself is disparaged and maligned on a daily basis. The independence of the Israeli legal system has been maintained meticulously since the founding of the state in 1948, and the ultimate authority of the law is a supreme value, even if the country has been ripped asunder over the past few years in a clash of cultures and values, which threatens all of the above.
Though the Israeli right has long called for placing a limit on the power of the Supreme Court and allowing the country’s elected officials to rule, never before have these calls been so vociferous and so dangerous. This was evident in an impassioned clash that erupted during the opening session of the Israeli Bar Association’s annual conference in Eilat on April 4.
Raising the banner of revolt was Israel’s young Justice Minister Ayelet Shaked, Naftali Bennett’s partner in the leadership of HaBayit HaYehudi. In her inaugural speech to the conference, Shaked focused on the Supreme Court decision March 27 that led to the delay of the deal that Israel signed with the firms operating Israel’s offshore gas fields, including the large US corporation Noble Energy (for distribution of resources and benefits).
“A judicial body that has no responsibility for filling the [country’s] coffers is the one that allows itself to empty them,” she said. “This is yet another example of [the court] exerting its authority, but bearing no responsibility for it. The court has once again become a place for adjudication of purely political and macroeconomic questions.” Surprisingly, Shaked’s speech received thunderous applause from the hundreds of lawyers and top Israeli legal figures who were present in the hall.
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