Why am I against the legal reform

Photo By OpenClipart-Vectors from Pixabay

 I'm looking at the television and watching the right-wing demonstrations in favor of the legal reform, about 30,000, according to the reports, which is very good.

Now they are interviewing an enthusiastic protester who explains that "our rights must be exercised, we want the court to have Mizrahi judges and not just elitist Ashkenazim.

Saying that makes me understand that she has no idea what this reform is about at all. This is not a fight for Mizrahi's representation in court. The legal reform does not concern either the Mizrahim or the Ashkenazim, this reform at its core is the struggle between judicial conservatism, versus liberal activism. that's it.

The judges who are about to be appointed will be appointed regardless of their origin or that of their parents, these will be judges appointed on behalf of, with the only criterion being their loyalty, their political views, and their suitability to the appointing minister. It is possible that there will be respected judges, but the court will no longer be independent but another arm of the government, and think again if you think you are fighting for some kind of social equality because that is really not the point, because the legal reform (revolution) deals with the appointment of judges by politicians for Politicians, so that nothing gets in their way and that there is no criticism of them, so that they can do what they want without criticism and that is no longer a democracy.

All the above is not necessarily against the current ruling party because it is not appropriate for either the right or the left. Politicians are not allowed to choose judges as they wish, period. You must see what happened in Hungary and Poland in the last 5 years to understand what is wrong to do.

There is no constitution in the State of Israel (but we will leave that for now) there is no binding contract between the government and the citizens.

מקור: Wikimedia Commons

As a democratic country, we should stand on three legs. These are the legislature, the government, and the court. A balance is required between these three legs, but instead of the Knesset being separated from the government and being able to monitor its work, the borders have been erased and what is actually happening is that the government, which is a coalition, controls the Knesset through coalition agreements within which there is almost no such thing as freedom of vote. This means that the member of the legislative Knesset cannot vote according to his opinion and the dictates of his conscience because factional discipline applies to him and he must vote according to the faction's decree in order not to be considered a traitor, even if his vote is against the dictates of his conscience.

On the other hand, if our elected officials were elected by direct election, they would be obligated to their senders directly and not to some list of a so-called democratic party that elects its representatives to the Knesset through the power of a few tainted members of the center who control several tens of thousands of functionaries. If the Knesset had been elected separately, and the government had been elected separately, there would have been something to talk about.

Since the Knesset, which is supposed to actually supervise the government's work, cannot do so in the current system, we need a strong and independent court. When there is a true separation of powers between the Knesset and the government, it will be possible to limit the power of the court to a certain extent.