Netanyahu defends judiciary in 2012: ‘Dictatorships haven’t got unbiased courts’

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As Prime Minister Benjamin Netanyahu and his new hardline authorities pursue sweeping adjustments to the judiciary that may take away practically all Excessive Court docket instruments for oversight of the federal government, a clip from over 10 years in the past the place he offers a rousing protection of a “sturdy and unbiased” authorized system made the rounds on social media.

The edited clip, dated February 28, 2012, exhibits Netanyahu hailing an unbiased courtroom system as one of many foundations of democracy in a speech at a handover ceremony for Supreme Court docket chief justices, held on the President’s Residence in Jerusalem.

Posted on social media on Friday, the clip has now been considered over 140,000 instances in lower than a day.

“I consider {that a} sturdy, unbiased courtroom permits for the existence of all different establishments in a democracy,” Netanyahu mentioned in his speech.

“I ask that you just present me one dictatorship, one undemocratic society, the place a robust unbiased courtroom system exists. There’s no such factor,” Netanyahu mentioned.

“In locations with no sturdy and unbiased courtroom system, rights can’t be protected,” he mentioned.

“In actual fact, the distinction between nations wherein rights are solely on paper and people wherein there are precise rights — that distinction is a robust, unbiased courtroom,” he mentioned.

Netanyahu went on to element the actions he mentioned he had taken to guard the independence of the judicial system.

“That is the explanation that I’m doing and can proceed to do, the whole lot I can to guard the courtroom system [so that it remains] sturdy and unbiased,” he mentioned.

The brand new head of the Supreme Court docket Chief Justice Asher Grunis (2L) President Shimon Peres (C), outgoing chief justice Dorit Beinisch and Prime Minister Benjamin Netanyahu (R) pose for an image along with different judges on the President’s Residence in Jerusalem on February 28, 2012 (Miriam Alster/FLASH90)

The premier mentioned that whereas there had been makes an attempt to weaken the independence of the judicial system — a few of them the exact same, or just like, adjustments he’s selling now — he had made certain they weren’t enacted.

“Over the previous few months alone, I’ve shelved each regulation that threatened to hurt the independence of the system — from the try to carry hearings for judges within the Knesset, by limiting petitions to the courtroom, to altering the composition of the committee for choosing judges,” Netanyahu mentioned.

“I’ll proceed to function this fashion. Each time a invoice comes throughout my desk that would hurt the independence of Israeli courts, we’ll take it off the desk,” Netanyahu mentioned.

Social media customers quipped that Netanyahu’s 2012 speech might be used because the keynote for the mass protest on Saturday night in Tel Aviv, the place demonstrators plan to take to the streets for the second consecutive weekend to warn in opposition to the federal government’s plans.

Protesters rally in opposition to the federal government’s judicial reform plan at Habima Sq. in Tel Aviv, on January 7, 2023 (Avshalom Sassoni/Flash90)

The contentious overhaul introduced by Justice Minister Yariv Levin with Netanyahu’s backing, will grant the federal government complete management over the appointment of judges, together with to the Excessive Court docket, severely restrict the Excessive Court docket’s means to strike down laws, and allow the Knesset to re-legislate legal guidelines the courtroom does handle to annul with a majority of simply 61 MKs.

Critics of the plans, which embody high present and former judicial and authorized officers in addition to Netanyahu’s political rivals, say the overhaul would put fundamental civil and minority rights in danger by severely limiting the highest courtroom’s authority to strike down legal guidelines and authorities selections. Proponents of the adjustments argue that the courts have assumed extreme powers and issued rulings that defy the desire of the voters.

Supreme Court docket Chief Justice Esther Hayut warned on Thursday the overhaul’s enactment would deal a “deadly blow” to the nation’s democratic character.

In her remarks, Hayut mentioned Levin’s deliberate adjustments amounted to an “unrestrained assault on the justice system.”

The proposals would “crush the judiciary,” she mentioned, and alter Israel’s democratic identification “past recognition.”

President of the Supreme Court docket Esther Hayut speaks at a convention in Haifa on January 12, 2023. (Shir Torem/Flash90)

Hayut’s place has been echoed by high former authorized officers. Earlier Thursday, in an unprecedented transfer, nearly all of the attorneys common and state attorneys since 1975 signed a letter decrying the plan, saying it “threatens to destroy the justice system.”

In a video assertion response on Friday, Netanyahu argued that the precise wing “mentioned this earlier than the elections and we acquired a transparent mandate from the general public for this.”

Coalition officers say they goal to get all the legislative package deal handed into regulation by the tip of the present Knesset session.


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