Wednesday, April 25, 2018

Study: Supreme Court has upped rate of legal activism - Arutz Sheva Staff

by Arutz Sheva Staff

Hat tip: Dr. Carolyn Tal 

Investigation shows Supreme court invalidated 12 laws in five years.

Israel's Movement for Governance and Democracy investigated how many laws the Supreme Court had canceled in the past few years, after supporters of the Supreme Court claimed that the court rejects less than one law per year.

According to the movement's research, the Supreme Court invalidated two laws between 1997-2001, but invalidated 12 laws between 2012-2017.

Significantly, no laws were invalidated between 1992-1996, when Labor's Yitzhak Rabin served as Prime Minister, signing the Oslo Accords in 1993 and pushing for "peace" with archterrorist Yasser Arafat's Palestine Liberation Organization.

Between 1997-2001, two laws were invalidated, and between 2002-2006, three laws were invalidated.

The Movement for Governance and Democracy noted that in democratic countries worldwide, judges who are not chosen by the public or appointed by representatives of the public do not have legislative authority and do not discuss any law which does not directly affect a specific petitioner. Certainly, the judges do not see themselves as authorized to cancel laws.

Israel's Supreme Court has taken an activist position regarding the judiciary’s role since the 1990s, assuming the right of judicial supremacy and the ability to strike down laws passed by the Knesset and compel the government to adhere to its rulings.

In recent years, the court has drawn significant criticism from the Israeli right over its rulings against two different laws aimed at deporting illegal Eritrean, Somalian, and Sudanese immigrants, as well as rulings against plans by the IDF to demolish terrorists’ homes and compromise agreements between the government and Israeli residents of Judea and Samaria.

Arutz Sheva Staff


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