Law, Power, and Justice

TUESDAY 27 AUGUST 2024 AFTERNOON

Israeli Legal System

https://www.msn.com/en-us/news/world/high-court-tells-levin-to-quickly-start-process-for-appointing-new-court-president/ar-AA1pvQIw?ocid=BingNewsSerp

• The Israeli High Court of Justice instructed the government to bring the appointment of a new Supreme Court president and two new Supreme Court justices and prepare for a vote.
• This may mean that the Justice Minister’s (Levin’s) year-long attempt to reshape the court into a “hardline conservative” court may be at an end.
• This is an attempt to “assert greater governmental control over the judiciary,” in which the Justice Minister, Levin, has refused to appoint new members.
• Levin wants to appoint Justice Yosef Elron, a hardline conservative.  But his appointment would violate the principle of seniority. 
• Levin heads the Judicial Selection Committee, but there is a liberal majority.  So, he refuses to call a vote.
• Several government leaders, including Bezalel Smotrich, said the Court’s move was “divisive” and promoted a loss of trust in the justice system.
• Communications Minister Shlomo Sarhi, called for Levin to disobey the High Court. 
• An opposition party leader claimed that Levin was continuing with a “regime coup” and trying to “eradicate Israeli democracy.”
• Another said: “Instead of focusing…on issues that unite…the government focuses on issues that threaten to break apart Israeli society, such as the Temple Mount and legal reform.”

Temple Mount

https://en.wikipedia.org/wiki/Temple_Mount

Ben-Bvir Encourages Jewish Prayer at Temple Mount

https://www.msn.com/en-us/news/world/ben-gvir-and-the-temple-mount-what-is-he-doing-and-why-is-he-doing-it/ar-AA1px135?ocid=BingNewsSerp

• National Security Minister Itamar Ben-Gvir is, according to the Jerusalem Post, is “publicly and loudly” challenging Benjamin Netanyahu over the Temple Mount. 
• Ben-Gvir maintains that Jews now have the right to pray there and that he would like to build a synagogue on the location.  He is also arguing that the government will fund “Jewish education tours” at the site. 
• Ban-Gvir knows just how provocative this is and that Iran is contemplating whether to attack Israel. 
• “…many other orthodox and religious Zionist Jews…believe Jewish law precludes Jews from going to the Temple Mount because of its sanctity.”
• The Al-Aqsa Mosque is on the Mount and Muslims can pray there, but Jews cannot prostrate themselves and pray. 
• Ben-Gvir is trying to maintain his relevance since Netanyahu marginalized him.  Netanyahu refuses to make him part of the war cabinet.  Netanyahu has sidelined the security cabinet as the main governmental body directing the war. 
• Ben-Gvir also thinks this that appealing to expanded Jewish rights helps him politically, builds his “brand.” 
• He hopes to draw more right-wing voters to his party and demonstrate his importance so that he can move any coalition toward his positions.

Podcasts:

• The Majority Report with Sam Seder
• Ukraine: The Latest
• The Thom Hartman Report
• BBC News Newshour
• On Israeli “judicial reform”
• “Religious Zionism and Judicial Reform” For Heaven’s Sake Podcast.

• If you are a real geek
• Hain, Elana (2024) “Circumventing the Law: Rabbinic Perspectives on Loopholes and Legal Integrity.”
• Kretzmer, David (2002) “The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories.”  Updated in 2011
• Israel Supreme Court (2005) “Judgments of the Israel Supreme Court Fighting Terrorism within the Law.”
• Vyakappan, Sabarimuthu (2024) “Gaza War and the Law.”
• Cook, Steven A. (2023) “Israel’s Judicial Reforms: What to Know.” Council on Foreign Relations.
•