The High Court-the most Dangerous Institution in the State
Rabbi Gedalya Axelrod, Av Beis Din Chaifa
The Gemara in the Trachtate of Sanhedrin says, "A Dayan (judge) should always visualize himself as if a sharp sword is between his thighs, and the purgatory is open beneath him." Why is this said about a Dayan? A Dayan holds a position of power. If he is lacking in his fear of Heaven, he is liable to be carried away by the power and reign that he possesses, and possibly distort the verdict.
"If not the fear of monarchy, one would swallow up his fellow alive." The fear of having to account for one′s deeds restrains one from letting his impulses run wild and unchecked.
Every functionary must report to his employers, clients or voters who will be choosing him in the future to renew his post. The only position where the holder of the post answers to no one, is the position of judge. Even when a judge in the lower courts seriously erres and jails an individual who is innocent, the worst scenario is that the misjudged person will appeal and be let free. The judge will not lose his job for erring. No harm will befall him and his position is secure as before.
The High Court is the most dangerous institution of all, since there is no right of appeal. The High Court is an all-powerful master with unlimited reign, as it says "Surely the fear of G-d is not in this place; and they will slay me" (Breishis,20, 11). This boundless dominance causes these High Court judges to suffer from megalomania, as every sound that they utter bears more weight than a Knesset rule. Every person has murky impulses, and when coupled with unbounded power, the result is quite dangerous. Consequently, the High Court is an institution that poses a danger to the State.
In other countries there is public supervision and criticism from the media and public figures, but here in Israel we have a three sided junta where each side covers up for the other two. The three sides of this junta triangle are the High Court, the media and the State Attorney′s office. They posses more power than the government.
We can now begin to comprehend what happened with the expulsion from Gush Katif, and how the High Court gave the expulsion the legitimization of natural justice. Thousands of family were uprooted from their homes and left without a roof over their heads. They lost their source of livelihood, and were thrown to the dunghills. Five years have passed since the Gush Katif expellees became refugees, and they are still without decent housing and without suitable financial care, but the media, the General Attorney and the High Court are fine with this. Why don′t we hear from the public figures? They fear the High Court and its partners.
The "rightist government", as she calls herself, continues to commit offenses against the Gush Katif settlers and does not give them a suitable solution. The thousands that demonstrated in Kfar Maimon are deep in slumber.
There is a possible solution to the megalomania of the High Court judges and the judicial systems. A body of retired judges could be established under the auspices of the Ombudsman′s office. Their job would be to inspect all sentences from all courts. When it is determined that a judge passed an unfair or malicious verdict, the judge would be fined and jailed. The judges would not posses more power than the Prime Minister does.
May Hashem hear our heartfelt request and prayer, and "return our Judges as they were in the beginning", with the coming of our Righteous Moshiach, imminently.
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