S
SouthoftheAndes
Guest
http://www.israelnationalnews.com/Articles/Article.aspx/20375
This is a good piece in my opinion on how the U.S. may be slipping into Despotic Judicial state. It gives a comaprison with Israel, however Israel is worse off in the fact that since a reform in Israeli law in 1995, it has led the Supreme court to overrule decisions by the executive government of Israel and to rule against laws passed by the frequently elected members of Parliament.
For example ranging from the Court ruling against laws passed by the elected members of Parliament, such as laws concerning illegal immigration, detention of criminals and illegal immigrants, border security, military service, laws concerning conversion, or Jewish religious things.
I wonder if that is what is happening and may have been happening in the U.S. from both sides of Congress. When Obama was in office the Republicans threatned to take it to the courts to remove anything they disliked that may have been passed. However, they have more ground to stand on as the U.S. has a Constitution with listed rights/amendments which cannot be violated.
"In Israel, the legislature is not sovereign to legislate, and the executive lacks actual control to execute the instructions of the legislature. The Supreme Court has seized the government’s power to enforce border controls, and to determine policies on immigration, military matters, national defense, public security, etc.
The dictum of Aharon Barak, President of the Supreme Court of Israel (1995-2006), that “everything is justiciable”, everything is liable to trial, makes nonsense of the rule of law, as well as Israel’s reputation as a democracy. It renders Israel a judicial despotism. The rules of law that Barak’s judicial opinions created have no counterpart in most democracies: that a court can countermand military orders; that a court can decide “whether to prevent the release of a terrorist within the framework of a political ‘package deal’” and direct the government to move the security wall that keeps suicide bombers from entering Israel; that judges can only be removed by other judges; etc. This is what passes for the rule of law in Israel: arbitrary decrees by unelected officials.
The U.S. is trending towards the Israeli model. Some U.S. district court judges ruled that they had the authority to contravene legally framed executive order issued by President Donald Trump, making themselves the supreme law of the land; judicial despotism. "
This is a good piece in my opinion on how the U.S. may be slipping into Despotic Judicial state. It gives a comaprison with Israel, however Israel is worse off in the fact that since a reform in Israeli law in 1995, it has led the Supreme court to overrule decisions by the executive government of Israel and to rule against laws passed by the frequently elected members of Parliament.
For example ranging from the Court ruling against laws passed by the elected members of Parliament, such as laws concerning illegal immigration, detention of criminals and illegal immigrants, border security, military service, laws concerning conversion, or Jewish religious things.
I wonder if that is what is happening and may have been happening in the U.S. from both sides of Congress. When Obama was in office the Republicans threatned to take it to the courts to remove anything they disliked that may have been passed. However, they have more ground to stand on as the U.S. has a Constitution with listed rights/amendments which cannot be violated.
"In Israel, the legislature is not sovereign to legislate, and the executive lacks actual control to execute the instructions of the legislature. The Supreme Court has seized the government’s power to enforce border controls, and to determine policies on immigration, military matters, national defense, public security, etc.
The dictum of Aharon Barak, President of the Supreme Court of Israel (1995-2006), that “everything is justiciable”, everything is liable to trial, makes nonsense of the rule of law, as well as Israel’s reputation as a democracy. It renders Israel a judicial despotism. The rules of law that Barak’s judicial opinions created have no counterpart in most democracies: that a court can countermand military orders; that a court can decide “whether to prevent the release of a terrorist within the framework of a political ‘package deal’” and direct the government to move the security wall that keeps suicide bombers from entering Israel; that judges can only be removed by other judges; etc. This is what passes for the rule of law in Israel: arbitrary decrees by unelected officials.
The U.S. is trending towards the Israeli model. Some U.S. district court judges ruled that they had the authority to contravene legally framed executive order issued by President Donald Trump, making themselves the supreme law of the land; judicial despotism. "