High Court puts government in the corner

High Court puts government in the corner Mati Tuchfeld A system of checks and balances maintains equality between the different branches of government. No single branch is superior. The division of jobs is also very clear: The Knesset legislates, the government executes and the court judges. Only recently, a shout arose when the legislative and executive branches tried to throw a controlling hand over the judicial branch. In actuality, almost all the recent efforts by the Israeli government to reduce the judicial branch's authority have failed. Just to hear the expression "Supreme Court Bypass Law" shakes one's foundation, and thankfully such processes have failed. But there is no simpler way to describe the current situation: The Ulpana neighborhood verdict made on Monday by the High Court of Justice bypasses the government's opinion. One year ago, the government swore that the houses in this neighborhood should be evacuated and alerted the High Court to this. Following the announcement, the court decided that an evacuation must be carried out. Last week, the state announced that it had found a way to authorize the construction and asked the court to investigate the subject. It is likely that the rejection of the request is just from a legal perspective, but definitely not smart. Just like the Knesset, which despite its representatives' political tendencies and promises, knew to restrain itself in a moment of truth, the court should have done the same. In its verdict on Monday, the court pushed the government into a corner and left it no leeway. Through such actions, not only did it strengthen the arguments of those who already accuse the court of political bias and ideological tyranny, but it almost forced the government to pass a bypass law this time, something it has refrained from doing so far. Almost the only law the Knesset passed relating to the court was the Grunis Law. Monday's verdict is already the second decision that new Chief Justice Asher Grunis has passed against the government. It appears more and more that Grunis prefers to shirk those who supported him and present the image of a liberated judge, free from personal liability. This, of course, is his right; this is the reason he received his mandate. But from another perspective, the government also has a mandate or two to act according to its will. The High Court's decision comes at a time of political upheaval. There could be nothing worse for the Likud than evacuating a settlement in June. Knesset members might be up on tractors trying to stop the destruction of buildings with their bodies. Prime Minister Benjamin Netanyahu's dilemma is clear in this case. http://www.israelhayom.com/site/newsletter_opinion.php?id=1846