Shmuel Shamni

Are you familiar with the phrase "Who is wise? He who knows his place"? It seems the High Court had not heard about it yet. Fact: It does not know the proper place that the law allotted it.

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What does this mean? As we know, there is a law in the country. The law determines how things are run, and no person is above the law.

This is how the law defines the role of the Court: the Court is a commentator that is to interpret the intention of the legislature, in cases where the intent is not interpreted correctly. This, and only this, is the role of the judge. Of course, the judge may not change or enact laws, as he is not authorized to do so in the law books. The only one empowered by law to make or change laws is the Knesset.

Knesset members are elected officials, and soley authorized to do so. The reason is simple: the people give the Knesset the power. The nation saw fit to put the reins of leadership in their hands. By virtue of their high positions, they were trusted with legislative authority.

Barak (Lightening) Strikes **

Until two decades ago, there was no blurring of boundaries between the role of MKs and the role of the courts. Two decades ago, something happened in Israel. Aharon Barak, Chief Justice at the time, decided - against the will of the people and their elected representatives - to take the law into his hands, and in fact rise above the law. In short: he wanted to be the sole almighty ruler in the country, who determines destinies by the utterances of his mouth, including negating Knesset laws when they do not match his extreme leftist agenda of (e.g. the channel 7 Law passed in the Knesset but was canceled by the High Court).

Let us examine together how many disastrous rulings were handed down by the Supreme Court, thanks to the agenda of "ruler" Aharon Barak.
 

* Bagatz Katzir- allowing Jew-hater Arabs to live in the same buildings and in close proximity to Jews.
 

* Bagatz, Route 443 - Beinish and Folgman allowed the Arabs to travel on the same road with dozens of Israelis every day, in a situation where Israeli are unprotected ,abandoned and vulnerable to attack by Arabs (true fact).
 

* During the Rabin administration, the High Court at the time banned Prime Minister Yitzhak Rabin from deporting 400 terrorists outside Israel, and ordered him to return them.

* The High Court abolished the "neighbor procedure," an essential act anywhere in the world during the war, a procedure designed to save dozens of deaths G-d forbid.
 

* The High Court prohibited the Shabak to investigate terrorists who were caught in the act, and squeeze from them the names of potential terrorists. If the Supreme Court had not intervened, we would have been spared further attacks, G-d forbid.

In other words: the Supreme Court′s interpretation of the concept of ′human dignity and freedom′ openly discriminates in favor of our enemies, while denying us, the Jews, our basic freedoms.
 

Now you will understand why, in the opinion polls published from time to time, the court is losing its popularity and grace with the nation. The people feel that the High Court does not always think about good of the people and the country, but mainly how every interpretation of the law fit his leftist agenda.

Who chose them?

It is easy to understand what the position of several Supreme Court justices would be if forced by law to be elected by the people. It is clear that the leftist agenda would be retired and bow out. Then at least they would be doing the will of the people.

Now you will understand why the Court gets so upset when the Knesset wishes to enact laws that override the Court - because it takes all the air out of their sails. It takes all the control power from the left-wing agenda that controls the Supreme Court; for the Knesset - compared to the High Court - was chosen by the people, who, on the whole, want to see strong right-wing leaders who demand (not their agenda, but) the peace of the people and country.

We hope that with G-d′s help, the members of the Knesset elected by the people will succeed to restrain the Court′s lack of boundaries. Hopefully, they will return it to its lawful state, and not let the Court put itself above the law and disqualify laws as it sees fit.

** A play on words in Hebrew: Barak means lightening