Too many of us accuse Netanyahu and the elected majority of Knesset members of destroying the legal system (and democracy) in Israel. Far from it - and indeed, the opposite is true.
If it is so important to allow courts to evaluate and overturn laws based on the particular judges' personal views of reasonableness, why isn't that principle enshrined in U.S. law?
The answer is simple: Our legislatures are constitutionally chartered to enact laws, the lawfulness of which is measured against our Constitution. If we were to allow judges to decide what is "reasonable" - a determination that lacks any objective measure - our laws would be subject to repeated challenges with wholly unpredictable outcomes. And even though our Supreme Court may sometimes toss out previous determinations (like Roe v. Wade) that a law is constitutional, at least our courts have a document (the Constitution) to use in measuring the legality of a law.
Israel, unfortunately, lacks a Constitution against which the acceptability of a law may be evaluated. That's the problem. Allowing the supreme test of lawfulness to be delegated to a cabal of unelected judges, who then are free to opine subjectively on the "reasonableness" of a law, is not the solution.
Sanhedrin 6b is the paradigm for righteous compromise (something President Herzog desperately sought):
R. Yehoshua b. Korha says: Settlement by arbitration is a meritorious act, for it is written: (Zecharia 8:16) “Execute the judgment of truth and peace in your gates.” Surely where there is strict justice there is no peace, and where there is peace, there is no strict justice! But what is that kind of justice with which peace abides? — We must say: Arbitration. So it was in the case of David, as we read: (II Shmuel 8:15) “And David executed justice and righteousness (charity) towards all his people.”
Very appropriate article for the 9 days. I would add that the Bais Hamikdosh was destroyed because of baseless hatred among the Jews. Let's pray that the hatred we're seeing in Israel now doesn't lead to a similar tragedy.
So nice to hear from you, Alvin. (I'm assuming you are my TA classmate from eons ago.)
I did cite the fact that we are told the Temple was destroyed because Jews fought with each other, and I join you in praying we have learned our lessons. But I'm skeptical...
Truly terrifying, undeniable parallels. As Tisha B'Av is upon us, may we be blessed to see common sense and true democracy (with separation of powers) prevail.
If you are a prophet,Gary, I sure hope your final note of optimism holds, and leads us to a better future.
I'm no prophet, Dedi, but thanks for your note, and Amen.
Gary
Too many of us accuse Netanyahu and the elected majority of Knesset members of destroying the legal system (and democracy) in Israel. Far from it - and indeed, the opposite is true.
If it is so important to allow courts to evaluate and overturn laws based on the particular judges' personal views of reasonableness, why isn't that principle enshrined in U.S. law?
The answer is simple: Our legislatures are constitutionally chartered to enact laws, the lawfulness of which is measured against our Constitution. If we were to allow judges to decide what is "reasonable" - a determination that lacks any objective measure - our laws would be subject to repeated challenges with wholly unpredictable outcomes. And even though our Supreme Court may sometimes toss out previous determinations (like Roe v. Wade) that a law is constitutional, at least our courts have a document (the Constitution) to use in measuring the legality of a law.
Israel, unfortunately, lacks a Constitution against which the acceptability of a law may be evaluated. That's the problem. Allowing the supreme test of lawfulness to be delegated to a cabal of unelected judges, who then are free to opine subjectively on the "reasonableness" of a law, is not the solution.
Neither is raw political power the solution. Democracy can only thrive with broad concensus, with or without a foundational document.
Sanhedrin 6b is the paradigm for righteous compromise (something President Herzog desperately sought):
R. Yehoshua b. Korha says: Settlement by arbitration is a meritorious act, for it is written: (Zecharia 8:16) “Execute the judgment of truth and peace in your gates.” Surely where there is strict justice there is no peace, and where there is peace, there is no strict justice! But what is that kind of justice with which peace abides? — We must say: Arbitration. So it was in the case of David, as we read: (II Shmuel 8:15) “And David executed justice and righteousness (charity) towards all his people.”
Excellent commentary set in the (alas) appropriate historical context!
Fantastic, moving summary of where things stand for Israel and the Jewish people...plenty to both mourn and pray about this Tisha B'Av.
Thanks for your kind note, Israela.
Have an easy and meaningful fast,
Gary
You as well.
Very appropriate article for the 9 days. I would add that the Bais Hamikdosh was destroyed because of baseless hatred among the Jews. Let's pray that the hatred we're seeing in Israel now doesn't lead to a similar tragedy.
So nice to hear from you, Alvin. (I'm assuming you are my TA classmate from eons ago.)
I did cite the fact that we are told the Temple was destroyed because Jews fought with each other, and I join you in praying we have learned our lessons. But I'm skeptical...
Yes, I'm your TA classmate from eons ago. I'm retired now but see you're still going strong. Keep it up, I love to read your thoughts.
Truly terrifying, undeniable parallels. As Tisha B'Av is upon us, may we be blessed to see common sense and true democracy (with separation of powers) prevail.
Thank you, Howard, and Amen to your sentiment,
Gary
Hoping for a miracle...
You mention secular, gay, and Arab citizens who are prime targets of this coalition's ideological policy moves - what about women?
You are right, Nancy, my fault in leaving women out as a potential endangered minority.
Thank you,
Gary
Very well said. I wish more of those who are directly involved realized the stakes involved.
Thanks for your note, Geri, and let's hope Israel's leaders step up and find ways to work together,
Gary