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23 Marcheshvan, 5783 - November 17, 2022 | Mordecai Plaut, director Published Weekly
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OPINION
The High Court is the Reason for the Elections of the Past 3 years

by Yitzchok Roth


3

A reminder: the original reason for all of the elections which took place in these past years is the decision of the High Court to nullify the Knesset law about the army draft law which was achieved through much toil by the Coalition parties. The law was designed to regulate the deferment of bnei yeshivos so that they could continue their studies undisturbed, its main purpose being to achieve norm where Torah students would not be considered defectors. Such a situation could cause economic and civil harm to a large public. The law was written up by top legal experts with the expectation that it would pass the High Court approval, thus bringing respite in the battle of the enemies of Torah and its students.

However, the High Court judges have other rules of procedure, not legal ones and not ones according to accepted law books but "innovations" from the school of for High Court Judge Aharon Barak whereby all judges must judge each issue according to "reasonable and proportional" parameters. Whose reason and viewpoint? That of the judges, of course.

The Knesset members had agreed that this law was reasonable and workable. But who are they vis-a-vis the high and mighty High Court judges? The judges are 'gifted' with extraordinary considerations by which their fuming brains and understanding determines if a law is, indeed, "reasonable and proportional."

In this manner, the judges disqualified the draft law, claiming that it failed to uphold the "reasonable" principle which obligates a connection between the purpose of the law and the means taken to carry it out. A mitzvah-observant judge, in the minority, maintained that one cannot determine any definite position as if it had no rational connection. But his view was passed over.

The Knesset was given a year to draw up and pass the revised law and when this did not happen, the four rounds of election brought upon us the most recent hostile government which have, thankfully, had their downfall.

It is clear to all that no draft law of any kind will appease the judges of the High Court whose world view leans to the extreme Left. Their very intervention on an issue that was for years under the jurisdiction of the Security Ministry is an outrage. Leaving no alternative to the Knesset, the Bagatz went ahead and passed their opposition so that the judges would understand that there is a limit to their reason-and-proportion mode of action, and that their opinion and understanding — which is not interested in any legal clause — cannot supersede the democratic decision of an elective body which has the support of most of the public.

 

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