Summary of public debate - judicial activism and separation of powers
| This article is a summary of a speech presented as part of the public debate club meeting dedicated to the fight against organized crime. The club allows the presentation of positions and discussion on current issues, the club promotes the culture of discussion in Israel and is engaged in cultivating the art of speech and persuasion.
to join the club – for other topics presented in the discussion – for the next public hearing (Where is the welfare state?) Threats to the rule of lawI will talk today about three problems in the rule of law: judicial activism, limitations, crime families. judicial activismJudges in my opinion should apply the provisions of the law and not interpret the law. They violate a basic principle in democracy of separation of powers - between the legislative and judicial authorities. The role of the separation is to create balances and brakes, so that one of the authorities does not gain too much power. In my view, judicial activism was determined by Aharon Barak and it comes from a minority because of the left's inability to influence the implementation of political policy. In every democratic regime there are problems with the implementation of the law - for example, due to political considerations of maintaining a coalition. It exists all over the world and in Israel there is an attempt to dress on this method and establish an interpretation and thus new laws. And so the minority rules the majority. Excessive powers of the police There are many cases where police officers take excessive powers because they know there is no one to enforce the law towards them. For example, the Haim Ramon case. The policemen who interrogated the co-senior minister in the cabinet - listened to him without the permission of a judge and thus illegally harmed democracy. crime familiesThere is an attempt by crime families to enter the legal system - the Perinian case is a classic: a police officer crossed lines and was complicit in the murder of a criminal, and apparently senior officers engaged in silence and a cover-up. Also, following a partnership between crime families and elected officials, the entire national and municipal legislative process looks suspicious. There are threats against judges - it is a fact that they need security guards. There is an attempt to enter the government institutions like the others Alferon or Gabrieli - we know what a threat this poses to the state institutions. Register now for the public discussion |
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