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Wednesday, July 26, 2023

Israel needs consistent judiciary and constitution.

 70 YEARS WITHOUT A CONSTITUTION

JUDICIAL DECISIONS BASED ON NOTHING


We see that Israel has finally passed judicial reform legislation. It has now resulted in more rioting and threats of unrest. It is a sad display for a modern democracy that they they have not yet been able to provide a written constitution, a body of law for the government, even when promised when the country was founded, over 70 years ago. Maybe the population has too many former western lawyers, who would rather have an ambiguous and flexible judiciary the can make things up as they go along.

Israel has a panel of judges that appoint their judges and they have a list of guidelines that are not law, but a list of good intentions. The judiciary is separate branch, but not appointed by elected official and not subject to any written law. I really don't understand how any such arrangement would work to ensure, rights, consistency or a stable environment.

So, while the reform measures have made it harder for the judiciary to overturn decisions made be the elected officials, it is not a real answer to this delima. They need a written constitution and an accountable judiciary to enforce the written law.

Maybe this reform will now encourage the country to actually provide a written constitution. This would provide more consistency and stability and hopefully remove much of the emotional decisions.

The legislator should take that step, come up with negotiations on forming a real constitution and make it the law of the land with a 2/3 majority. Make it also amendable with a similar 2/3 majority. Then real judicial reform could be made that would make judges accountable for their decisions.

They have put the future of their country at risk, by not doing what was promised 70 years ago.

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