Israel has a distinguished judiciary that is worthy of our respect. Law and order and the pursuit of freedom are values that have originated with the Jews and are now universal. And precisely because of this heritage, we know a nation cannot have a functional society without holding laws with great regard.
Government agencies have to abide by court rulings, even when they go against their needs and wishes. Yes, some judges act improperly but they are a few bad apples and do not represent all judges.
In recent days some judges have been working overtime to undercut the very judicial branch they sit on.
People say that the efforts to enact constitutional reforms are a threat to the courts, but the real danger is posed by judicial overreach and by unreasonable and over-the-top decisions. The courts have taken powers that they were never assigned, and this has made them look down at the other branches of government; they forgot they were supposed to serve the people rather than the other way around.
The propaganda being spread by the judges is problematic. Supreme Court President Esther Hayut recently delivered a speech in which she warned that "preserving the judiciary's independence is one of the foundations of democracy." She made those remarks in Nuremberg, out of all places, right after she gave an overview of the rise of Nazism. This was an obvious swipe at the legislative branch.
When judges warn that the rule of law is in danger actually mean that they want to protect their own hegemonic system that has undercut the separation of powers.
One of Hayut's former colleagues, former Supreme Court President Dorit Beinisch is now engaged in a media campaign, helped by a battery of lawyers and quick-thinking entrepreneurs.
Let's not forget that Beinisch, while serving as the state attorney, refused to represent the government before the High Court of Justice after Israel announced the deportation of 415 Palestinian terrorists in the 1990s. She also lashed out at the Supreme Court justices for having accepted the government's view.
As far as she is concerned, only what she thinks counts. She believes that justices who rule in favor of the government on crucial national security issues are spineless.
Another two former supreme court justices joined this scare campaign. One of them said that only judges could serve as state comptrollers because they know how to think objectively. Professors and economists, he implied, think subjectively. I didn't know he had a sense of humor.
Judges are not appointed as leaders, they get their job to resolve disputes and to protect minorities from being exploited. If they have a political agenda, they are more than welcome to run for office and get elected democratically.
Perhaps that is what they are aiming for when they warn of mass resignation. The Supreme Court is political; any freshman in law school could tell you that when a constitutional issue comes before the court, the decision is known in advance just by looking at the panel chosen to hear the case, and the ruling is always against the legislative branch.
The winds of war are blowing thanks to the incendiary rhetoric of the old guard of elites and disgruntled politicians. Those who play with fire, especially during a heatwave, should expect to be burnt.
It's hard to extinguish fires without having arranged the necessary equipment beforehand. We all hold the judiciary in high regard, but we must not make it a Trojan horse in the legitimate political debate in the Knesset.
The legislative branch's reluctant approach in dealing with judicial overreach has created a major distortion. It is time to change this. Only if all three branches of government accept one another will we have a proper judiciary and legislative branch.
