Steven Plaut
Israel’s Supreme Court Declares War on Democracy
We have been warning for many years that Israel’s Supreme Court is a
threat to Israeli democracy. The Court is dominated by leftist justices
wedded to the anti-democratic doctrine of "judicial activism", which holds
that non-elected justices have the right to impose their personal views on
the electorate and on the elected representatives of the people if their
views make leftists and radical secularists happy.
In recent years, the Court has imposed a long series of rulings on the
country that have no groundings whatsoever in the Law and are simply the
attempts by the imperious justices to act as judicial legislators - that is,
judicial dictators. The Court is also increasingly politicized. As events
serve to discredit Israel’s Left from week to week, the Court has rushed
forward to impose leftist and anti-religious views on the country. It has
never criticized leftist attacks on free speech nor McCarthyist prosecution
of anti-Oslo dissidents, while repeatedly placing Arab terrorists and
murderers back onto the streets.
Things came to their crescendo this morning. The Supreme Court of Israel
has gone far beyond anything else it has done before. The Supreme Court
this morning, led by the anti-democratic Chief Justice Aharon Barak, ruled
simply that Israel’s parliament does not have the right to pass laws.
Really.
The background to this judicial jihad against Israeli democracy is the
battle over freedom of expression, where the Israel Supreme Court has been
consistently OPPOSED to freedom of expression. Specifically, the ruling has
to do with the Arutz 7 Radio Station.
As you know, the Israeli Far Left exercises near-complete hegemony over
Israel’s media, including print and electronic. There has been one
important challenger to that hegemony and that is the Arutz 7 radio station.
Technically, Arutz 7 is described as a "pirate radio station", but that is
only because the government has refused to allow it to buy a broadcasting
franchise.
Arutz 7 was first set up as a counterweight to the Far Left pirate radio
station set up in 1973 by Far Leftist Abbie Natan. That station was based
on the belief that broadcasting nonstop loud rock and roll music and
occasional leftist posturing was the ideal recipe for bringing peace to the
Middle East. Despite the fact that Natan’s station was illegal, it was
protected by the Labor Party establishment and even the Likud governments
feared challenging its operations lest they be accused of assaulting free
expression. Eventually Natan’s station went bankrupt and Natan scuttled
the ship smack in the middle of Israel’s shipping lanes as a permanent
hazard.
Years after Natan’s station was set up, the Arutz 7 station was
established and - like Natan’s - at first broadcast from an offshore boat.
But the moment that Arutz 7 set up operations, the very same Left that had
always defended Natan’s illegal station suddenly demanded that "law and
order" be applied and Arutz 7 shut down.
Ever since then, the Left has sought means to shut down Arutz 7 and
protect its hegemony over all broadcasting. It has tried assorted legal
tricks and suits. It has tried Knesset initiatives. It has tried boycotts.
But Arutz 7 weathered it all. The Left even accused Arutz 7 as having
"inspired" the assassination of Rabin because it broadcast attacks on
Rabin’s policies. It tried to get the operators prosecuted for
"incitement", that catchall crime dug up by Israel’s leftist McCarthyists
every time they wish to suppress free speech.
A few years back it looked like the Left was about to succeed in
silencing Arutz 7. But then some Knesset Members passed a law that
legalized Arutz 7. That should have been the end of the story. But not in
post-democratic Israel.
The Left filed a court petition to declare the Knesset Law illegal.
Now let us put this in perspective. There are countries in which courts can
declare legislative decisions to be illegal, on the basis of a Constitution.
Israel however has no formal written constitution and so there is no
constitutional basis upon which a court can override a Knesset law. Indeed,
this is precisely the constitutional showdown I described a few weeks back
when the Court ruled that Reform conversions in Israel must be accepted by
the government and the Knesset initiated a new law declaring that they are
NOT acceptable.
There exist several "Basic Laws" in Israel that are regarded as being
somewhat more powerful than ordinary laws and so serving as building blocks
for a future constitution. But the legal argument here is shaky. In
reality these Basic Laws are simply laws passed by one Knesset and there is
no basis for claiming that a law from an old Knesset can be used to restrict
legislative powers of a new Knesset. Moreover, there is nothing in any of
these Basic Laws that really can be seen as serving as the basis for the
more atrocious Supreme Court rulings. There is nothing in them that can used
to justify the Court’s ruling on conversions or this morning’s assault on
Arutz 7. Indeed, Arutz 7 could make a reasonable argument that its
continued operation is protected under the Basic Law guaranteeing freedom of
occupation!!
But the Supreme Court of Aharon Barak does not need any legal figleaf
for its capricious baseless rulings. It is sufficient that trendiness and
"enlightened opinion" (meaning leftist secularist opinion) is served.
This morning, the Supreme Court ruled that the law passed by the Knesset
that decriminalized Arutz 7 was itself illegal. In other words, the
Supreme Court refuses to recognize the right of the Knesset to pass laws.
Ultimate decisions regarding laws and legislating henceforth are the
prerogative of the non-elected Supreme Court justices.
These of course are the same justices who put the murderers of Dani Katz
back on the streets, who ruled that Israel has to pay indemnities to
Palestinians hurt while attacking Jews, and who have a long track record of
other arbitrary politicized abuses of their power.
There is only one way to deal with these characters and here it is:
Israel’s Knesset must immediately pass a new law dismissing the current
Supreme Court and firing Aharon Barak as Chief Justice, preferably taking
away his pension rights as well. It must institute new rules under which
Supreme Court justices and other judges may be dismissed by the Knesset or
by popular ballot propositions.
In addition, it must not only legalize Arutz 7, it must turn over to
Arutz 7 the now bankrupt Channel 10 television station. It must privatize
all the state-operated radio and television services and dismember the
Israel Broadcasting Authority. The original logic behind having the IBA
was so that Israel could express its own voice in its own defense, but the
IBA has long been the voice of the PLO and the Far Left and there is no
reason why taxpayers need to finance that when the EU and the New Israel
Fund are so willing to finance anti-Israel propaganda on their own.
Among some other legislative initiatives now needed would be one making
it illegal for any state-financed institution of higher learning to admit as
a student or to hire anyone participating in the current movement of
military mutiny and insubordination, nor anyone signing petitions that
support such traitors. This is the only effective means to put a stop to
the phenomenon, which is growing by the day (by the way).
Finally, a word about Arutz 7. While Arutz 7 has been an invaluable
instrument for getting the truth out and for challenging the monolithic
hegemony of the Far Left over Israeli broadcasting, Arutz 7 has itself
partaken in some forms of lunacy that now will hurt its chances of surviving
and of challenging this Leftist judicial jihad against it.
Arutz 7 now needs to prove its legitimacy as a serious medium. Its
ability to do so has been severely damaged by the history of several central
people at the station and a number of its programs in proliferating the
nonsense of Barry Chamish. Chamish is the fabricator of silly conspiracy
"theories", from UFO kidnappings to his latest, which is that the US Council
on Foreign Relations really knocked down the World Trade Center and made it
look like bin Laden did it. (If you think I am joking, send me an email
request for the full text of this Chamish epistle.) Chamish is Israel’s
king of the non sequitur, and is a certifiable lunatic. Yet Chamish’s
ludicrous "theories" about how Yigal Amir did NOT kill Rabin and about how
rather Rabin was killed by a conspiracy headed by Shimon Peres and the
secret service have been regularly broadcast on the Arutz 7 programs of Adir
Zik and others. Zik was involved in the recent "conference" to promote
Chamish’s "theories" and was targeted by the Yediot Ahronot feature
attacking the Chamish cultsters.
That nonsense will now come home to haunt them, and will make it much
more difficult to defend them from this jihad against them and against
Steven Plaut