Tami Arad, widow of Ron Arad if you assume he's long dead, has joined the Shalit family in petitioning the High Court of Justice (Bagatz) to stop the government from allowing supplies into Gaza until Gilad Shalit is returned to Israel.
The claim itself seems reasonable, especially when you remember that Israel will pay for Shalit with hundreds of terrorists. You can't in any way argue with the plea of the Shalit family, not in the remotest, nor even wtih the logic of Tami Arad. Since none of us are quite privy to the agreements made thru the Egyptians with Hamas, there's no way for us to judge if the government is behaving recklessly or not (the court doesn't know this either).
And yet, having said all this, this is yet another demonstration of what many of us have long noticed, namely that the High Court has - purposefully or inadvertently - taken upon itself a role it should never have had, of second guessing the government, indeed, of being a sort of super-government, that vetoes actions of the government when it sees fit.
This is unacceptable in a democracy. The government is elected (indirectly, since we're a parliamentary democracy). The court isn't. The government's job is to run the country. The court's isn't.
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2 comments:
FROM CAROL HERMAN
Whew. Take it easy! The journalists, and the collected wisdom of their pundits DO NOT RUN THE COUNTRY, either!
Tami Arad got space because according to journalists she has "name recognition."
While in Israel, I'd bet lots of people take for granted that the hostages are dead. Yes. Including Shalit.
Especially because the Israelis have been holding one of the "dogmush" kidnappers for awhile. Thye one they went into gaza, to collect; with Shin Bet members disguised as peddlers on donkeys.
Now? Well, did you see the oil slicks? Where there were 5 dogmush "leaders" ... they got killed in a missile strike. And, the missile was a drone.
That was the signal I used to say "there's nothing left to discuss."
That's there's quiet? YES! Quiet is nice! But something else is also afoot. Why the big show with Greece, for instance? What did the IAF gain? "insertion of helicopter rescue missions" within a big operation.
You think iran?
Nah.
IF there's gonna be anything against the iranians; I'll guess that it flies in by missiles; from the sea. But nobody really knows.
What happens WHEN iran is attacked? Well, one of the options ... given that Bush is still president. And, we still have troops in irak. Is that ...
Hmm? Iraqi airspace, over there, is controlled by the USA. So iran "tries something." And, BOOM.
Lots of BOOM in a box.
With, and this will be critical; knowing that both gaza and south lebanon are geared to add their own noise.
Since Israel no longer looks to expand "land" ... the only other working hypothesis would be to create "safe zones." Areas where the arabs aren't willing to stick their noses into the barbed wire fencing.
As to Lebanon, like Afghanisan, they're a drug running country. And, the Palistools, with their tunnels, facilitate all this crap.
As to the UN? Mugabe just "won." So it shows ya you can give the UN guys uniforms. You can teach them to parade around. But they're not of assistance to anyone. And, they're as sexually screwed up as the Vatican.
Life goes on.
By the way, in America, Tami Arad would be surrounded by women who drape yellow ribbons around trees.
And, yes. In America, we too have a supreme court; that issues edicts.
The newest one, if you haven't heard, is that the aliens can seek Habeus Corpus. But the five flaming liberals (which includes Anthony Kennedy. WHo got his job when they were looking, religiously, for someone who'd make abortions illegal ... has done something to the GOP.) As it stands poised to remain the minority in DC. That's, in fact, the way politics works.
While Olmert just told Ehud Barak, that he if he votes with the Likud's 12 chairs, to push up elections; he's fired. I think this message is also delivered to Livni. (Who is about as popular as Hillary. Where the press makes choices. ANd, one day you're up. And, the next you can't sell box office.) Whatever.
Israel can actually do much worse than Olmert! Watching Barak dance away from his big mouth, yet, again? Nothing new. He'll claim he's "doing it for the good of the country."
Now, how many people believe that crap?
Jaacov:
I don't disagree with your point, but your analysis fails to diagnose the real source of the problem.
In Israel, a full one third of the Knesset acts as the Govt. -- cabinet ministers and deputy's. The lack of separation between the executive and legislative branches means no oversight. Indeed, the govt. routinely ignores the Knesset, and the power of the purse is squarely in the hands of the Finance ministry.
In a situation where there are no checks and balances, the Supreme Court, in its function as Bagatz has effectively assumed the duty of restraining the executive branch, a role which in other democracies is played by parliaments.
It's a bad situation, but the Bagatz is not the villain here, at least not the only villain.
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