Supreme Court chief: ‘Judicial independence is under attack, but system will stand firm’

Supreme Court Chief Justice Isaac Amit says that the independence of the judiciary is under attack, but that those who wish to weaken it will not succeed.
“For some time now, the judiciary has faced repeated attempts to undermine its independence, to weaken it, and to limit its ability to act independently and without dependence,” he tells the Bar Association Conference in Eilat. “Judicial independence is under attack in the public and political arena.”
“The attempt to undermine the principle of judicial independence will not succeed. The judiciary will continue to stand firm in the face of attempts to erode its strength, and will continue to protect the democratic fabric, without fear,” he says, amid the government’s contentious renewed judicial overhaul.
Amit additionally laments that Israel is lacking many of the pillars that help strengthen a democracy.
“The truth must be told. The Israeli democratic fabric is delicate and fragile. The State of Israel lacks the ‘engines of democracy’ that have the power to balance the branches of government,” he says. “Engines such as regional elections, two houses of parliament, strong local government, a full constitution, a full Bill of Human Rights, a constitutional tradition or constitutional practices. Engines that other democratic states have been blessed with, or at least in part.”
“Judicial independence is intended to serve the entire Israeli public and does not exist for the benefit of the judiciary itself. Harming the independence of the judiciary, and making it an authority subject to external pressures, will jeopardize the possibility of protecting individual rights from unlawful infringement,” he says.
“Judges who are not independent will have difficulty setting boundaries and providing relief to the public from unlawful action. Without judicial independence, the judiciary will cease to serve as a balancing factor for the other authorities, and it may become a tool in their hands,” he says.
The Times of Israel Community.







