Archive for Supreme Court/Judicial

Theocracy Versus Judaism: How the Jews of Israel Have Been Deceived and Disempowered (I)

Part one of a series.

The Bogeyman of Theocracy

Israel’s Guardians of Secularism are fond of using the bogeyman of “theocracy” to frighten the public on issues involving the relationship between religion and state. They have conditioned Israelis to believe that “theocracy” means the “rule of priests,” and hardly anything can be more undemocratic—right? Israel’s Secular Priesthood associate theocracy with the Dark Ages, the Catholic Church, Ayatollah Khomeini, Inquisitions, auto-de-fés, tyranny—something utterly contrary to the Enlightenment embodied in “the only democracy in the Middle East.”

The Illuminati are ever vigilant about “religious coercion.” They fulminate against Sabbath restrictions on commercial activities in a reputedly Jewish state, yet they applaud the secular coercion of a government that expelled 8,000 Jews from their homes in Gush Katif, leveled theirs schools and synagogues, destroyed their farms and factories, and traumatized women and children as well as the elderly while pulverizing their flourishing communities. The hypocrisy of Israel’s Secular Guardians betrays their hatred of Judaism.

All the talk about theocracy is obscurantism: there never has been a theocracy—thank God! What the Guardians of Secularism regard as a theocracy or theocratic state is in fact a “clerical” state, where a small minority uses the aura of religion to rule ignorant masses. Today, a small minority in Israel uses the aura of democracy to rule the masses. This ruling minority employs the myth of theocracy to obscure the fact that Israeli democracy is also a myth, except on election day. On that marvelous day the masses vote. How? » Continue reading “Theocracy Versus Judaism: How the Jews of Israel Have Been Deceived and Disempowered (I)”

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Curbing Judicial Despotism

Edited transcript of the Eidelberg Report, Israel National Radio. April 14, 2008.

A Jerusalem Post article of April 11, 2008 says: “Former Supreme Court president Aharon Barak has called on Prime Minister Ehud Olmert to fire Justice Minister Daniel Friedmann, whom he accused of threatening to destroy Israeli democracy.”

Barak’s statement is either disingenuous or rooted in willful ignorance. Israel cannot honestly be deemed a democracy if only because Barak’s notorious dictum, that “everything is justiciable,” renders the unelected Supreme Court superior to the legislative and executive branches of government. Indeed, if “everything is justiciable” the Court can prescribe the morality or way of life of the Jewish people: Consider a few judicial rulings:

  • ● The Court ignored the Attorney General’s decision, affirmed by the Knesset Elections Committee, to disqualify the Balad Party for violating Basic Law: The Knesset, which prohibits any party that negates the Jewish character of the State. » Continue reading “Curbing Judicial Despotism”

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The Hidden Agenda of Judge Aharon Barak: Despotism in the Name of Democracy

Edited transcript of the Eidelberg Report, Israel National Radio, February 11, 2008.

If you see a generation which is constantly on the decline, go and investigate the Judges of Israel.
-Babylonian Talmud (Shabbat 139a)

At the recent Herzliya Conference, former Supreme Court president Aharon Barak warned or threatened the audience about attempts to introduce changes in the method of appointing judges of the Court—which critics have called a self-appointed oligarchy. Hence this essay.

Former U.S. ambassador to the United Nations, John Bolton, a brilliant lawyer, regards Judge Robert Bork as one of the finest legal minds in the United States. Judge Bork has said that Israel’s Supreme Court is the worst in the world—and he said this while Aharon Barak was Israel’s Supreme Court president.

In fact, eminent citizens of Israel across the political spectrum have been very critical of the Court, especially under Judge Barak. Here are the names of some of the critics: » Continue reading “The Hidden Agenda of Judge Aharon Barak: Despotism in the Name of Democracy”

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The Need to Restrain Israel’s Supreme Court

Eminent persons across political spectrum in Israel—judges, academics, and lawyers—have said that Israel’s Supreme Court, especially under its former President Aharon Barak, has exceeded its prescribed powers and has handed down many decisions that violate basic principles of democracy, to say nothing of Zionism and Judaism.

Since the Knesset’s Constitution, Law and Justice Committee is presently engaged in drafting a constitution for the State of Israel, it behooves the members of this Committee to curb the judicial imperialism of the Supreme Court. The mode of appointing the judges of the Court should be crafted in such a way as to deter the Court from arrogating to itself powers or functions which, as a matter of principle and of prudence, rightfully belong to the Legislative and Executive branches of government. » Continue reading “The Need to Restrain Israel’s Supreme Court”

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A Political Dictionary for Israelis and Immigrants: Part I

A. Democracy: Two Types

  1. Normative” or classical democracy: based on the idea of man’s creation in the holy image of God. This provides democracy’s basic principles, freedom and equality, with rational and moral constraints. (Freedom is not “living as you like,” and equality is not a leveling but and elevating principle. The holy nation is a “kingdom of noblemen.”)

  2. Normless” or contemporary democracy. No ethical standards. Freedom is living as you please, and equality leads to vulgarity via the equivalence of all lifestyles. (Moral equivalence: “One man’s terrorist is another man’s freedom fighter.” Arafat is awarded a Nobel Peace Prize.) » Continue reading “A Political Dictionary for Israelis and Immigrants: Part I”

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Torah Government versus Israeli Democracy

Edited transcript of the Eidelberg Report, Israel National Radio, August 27, 2007.

Part I: Kingship

Although Israelis may not merit a Torah government, I will show that a Torah government, with its king and Sanhedrin, is more democratic than Israeli democracy.

The Hebrew term for king, melech, primarily implies a chief “counselor,” a president whose intellectual and moral qualities warrant his elevation and authority. The Torah basis for kingship is in Deuteronomy (17:14-15): There it is said that when the Israelites come to the land G-d is giving them, they shall appoint a king from among their brethren, but they shall not appoint a foreigner.

Back in 1948, a Knesset committee considered a draft constitution containing a clause requiring Israel’s president to be Jewish. » Continue reading “Torah Government versus Israeli Democracy”

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מלחמת היהודים ביהודים

מלחמת היהודים ביהודים

מאת: פרופ' פול איידלברג

בתלמוד הבבלי (מס' פסחים דף מט ע' ב') כתוב כי ש אתם של עמי-ארצות לתלמידי חכמים גדולה מש אתם של גויים את עם ישראל. בזוהר הק' (שמות ז:ב) מופיע כי בקץ הימים, יהיו רשעים מזרע ישראל שיכרתו ברית עם שו אי ישראל.

יהודים אלו הפכו לאליטה השלטת במדי ה. למרות היותם מיעוט קטן (אולטרה-חילו י), הם שולטים במרכזי הכוח העיקריים במדי ה. והם עושים זאת תוך-כדי מלמול המ טרה של "דמוקרטיה".

בדיוק יהודים כאלו הם שהחדירו בערמה את הסכמי אוסלו או ההסכם בין ישראל לפת"ח. יהודים מסוג זה הם אלו שחוקקו והוציאו לפועל את מדי יות "ההת תקות החד-צדדית", לשון קייה לבגידה. וכדי שלא יאשימו אותי ב"קיצו יות", הבה זכיר לעצמ ו כמה עובדות, ו תחיל ביוסי ביילין, לפ ים ה"פודל" של שמעון פרס. » Continue reading “מלחמת היהודים ביהודים”

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The War Between Jews and Jews

The Babylonian Talmud (Pesachim 49b) states that Jewish ignoramuses are greater anti-Semites than gentiles. The Zohar (Exodus 7b) declares that in the “end of days,” certain wicked Jews will become the allies of Israel’s enemies.

Such Jews have become Israel’s ruling elites. Although they comprise a small (ultra-secular) minority, they control the major levers of power in this country. And they do so while intoning the mantra of “democracy.”

It was precisely such Jews that foisted the Oslo or Israel-PLO Agreement on Israel. The same kind of Jews enacted and implemented the policy of “unilateral disengagement”—a euphemism for treason. Lest I be accused of “extremism,” let us recall some facts, beginning with Yossi Beilin, Shimon Peres’s erstwhile “poodle.” » Continue reading “The War Between Jews and Jews”

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Why the Knesset Tolerates Judicial Imperialism—Postscript

The Knesset has welcomed the appointment of Supreme Court critic Prof. Daniel Friedman as justice minister. The members of the Knesset will now have their cake and as well as the icing. They see in Prof. Friedman's appointment two things favorable to their own prerogatives:

  1. a person who has been very critical of the Court's usurpation of the Knesset's legislative powers; and

  2. a person whose secular, leftwing orientation is consistent with the Knesset's own political orientation—the orientation of the Establishment.

Although Prof. Friedman's appointment is favorable to the rule of law that has been violated by Israel's juristocracy, it still remains for the Knesset to amend Basic Law: Judiciary to curb the Court and restore a proper division of power between the judicial and legislative branches of government. Let us hope that the new minister of justice will be able to facilitate this objective.

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Why the Knesset Tolerates Judicial Imperialism

Edited transcript of the Eidelberg Report, Israel National Radio, February 5, 2007.

Part I

At the risk of offending religious people, I am going to argue in Part II of this essay that Israel’s religious parties have unwittingly contributed to judicial imperialism and the secularization of Israeli society. However, to defend this conclusion, I must set forth, in Part I, statements made by eminent Israelis who have denounced the Supreme Court for exceeding its lawful powers and endangering the democratic as well as Jewish character of the State.

Former President of Israel, the late Chaim Herzog: “In a democracy, according to [Justice Aharon] Barak, the courts are placed above the Government. In my humble opinion, this approach endangers, in certain cases, the very basis of democracy.” » Continue reading “Why the Knesset Tolerates Judicial Imperialism”

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