[Edited transcript of the Eidelberg Report, Israel National Radio, May 22, 2006].
Before discussing Judge Barak, let us review Israel’s undemocratic method of appointing Supreme Court judges—there’s nothing like it in the democratic world.
The fifteen judges of the court are appointed by a nine-member committee consisting of three sitting justices, including the court president. Two are representatives of the Israel Bar Association. Two are cabinet ministers, including, the justice minister. Two are Knesset members, one representing the government coalition, the other representing the opposition. The committee’s majority, therefore, is unelected. Moreover, the two Bar Association members are subject to pressure by the court president before whom they may argue cases. This also applies to the justice minister, who can also be manipulated by the court’s president. And since the court’s president handpicks the judges for every case, he can very much determine the selection of his own successor as well as the court’s character as a whole.
So it’s obvious that Israel’s High Court of Justice is a self-perpetuating oligarchy. » Continue reading “Chief Justice Aharon Barak and Judicial Despotism”