The ascendancy of the Left was cemented into the workings of the justice-appointment process, and the Left has been clinging to its hold on the institution for dear life.
Jerusalem, February 2 – Israel’s supreme court handed down a decision today reaffirming the long-held judicial principle that to be accepted as members of the High Court, a judge may not espouse anything but a left-wing political ideology.
Court President Justice Miriam Naor authored the decision, explaining in it that according to democratic principles established by the Left, only the Left has a legitimate claim to defining and defending democracy, and that therefore any candidate for a position on the country’s highest judicial authority must perforce have expressed a lifelong commitment uphold democracy insofar as it furthers or protects the Left.
Legal experts noted that while the decision has far-reaching ramifications in a theoretical sense, in practice nothing will change, since the method by which justices have long been chosen allows the existing members of the Court to effectively block or veto any candidate not to their liking.
“Structurally, the High Court is going to be the last bastion of power the left has retained since its gradual loss of power since the 1970’s,” explained Moshe Negbi, a legal analyst for Reshet Bet radio. “There hasn’t been a bona-fide left-wing government in Israel since 2001, and only intermittently before that going back to 1977. But the ascendancy of the Left was cemented into the workings of the justice-appointment process, and the Left has been clinging to its hold on the institution for dear life.”
“[Justice Minister Ayelet] Shaked wants to change the process to allow whoever has been voted into power democratically to better control it,” he continued. “But of course any such move is automatically deemed by the Left an attack on the High Court, since by definition only they know what is actually democratic, despite what you were taught in political science or civics at school.”
Given the qualifications necessary for a judge to gain a position on the country’s most important bench, career-minded jurists must carefully craft their decisions to reflect a leftist ideology. As the last Jewish residents and protesters were forcibly removed by court order from buildings in the settlement of Amona that sit on land to which Palestinians have asserted vague claims of prior ownership, a Jerusalem District Court judge ruled that Jews who have amply demonstrated legal ownership of a house in the city may not have its unlawful Arab residents evicted for fear of such a move’s consequences to those residents.
Negbi noted that in some ways the Court has mellowed, ideologically. “When [Justice Elyakim] Rubenstein was considered for a spot on the bench, they didn’t require him to renounce his observance of Jewish law,” he recalled. “That would never have flown in the 1970’s.”
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