Both nationalist and post-Zionist Ministers of the Knesset and Prime Minister Netanyahu are chasing solutions to the problem of the challenged communities in Judea and Samaria appearing much like leaves fleeing before a gale. Ever since the post-Zionist leftists found that they had an ally in the form of the Supreme Court in Israel with which to attack the Jewish residents in Judea and Samaria, who they blame for the lack of peace, the rest of the government has been harried and frantic in trying to find a middle ground which is nonexistent. The fanatical secular leftists who believe that the religious and settler Jews are pretty much one and the same, have found by challenging the ownership of the lands those communities are built upon will cause the ordered destruction by the Supreme Court, and does so without ever demanding proof of actual ownership. Much of this vile arrangement stems from the refusal to admit that the main reason no peace has been reached between the Israelis and the Palestinians is the rejection by the Palestinian leadership in their refusal to admit Israel even exists. Instead, these anti-settlement Jews blame the lack of peace and the existence of attacks from the Arabs in Gaza, the West Bank or wherever such violence may originate, on the fact that Jews live on lands that the Palestinians claim for their own homeland. Included in this denial is the reality that any violence or terrorism existed before the Six Day War in 1967 when Israel defeated a combined Arab attack and took possession of the Sinai Peninsula and liberated the lands of Judea, Samaria and the Golan Heights from Egyptian, Jordanian and Syrian ownership or occupation. So, what can be done to correct this situation short of demolishing the residences and communities of three-quarters of a million Jewish residents?
The leftist solution is obvious, simply destroy these accursed communities and all will be sunshine and lollipops in the Middle East (be that it should be that easy). Many of the nationalist Ministers believe that by merely passing a piece of legislation declaring these communities legal and directing compensation for claims of ownership in any case where such claim is presented more than four years after the buildings and communities were constructed. Prime Minister Netanyahu fears that such legislation would be rejected by the Supreme Court and such a finding could possibly lead to the requirement to demolish all of the Jewish communities in Judea and Samaria. There have been a small number of Ministers of the Knesset who have also proposed clipping the robes of the judges such that they no longer have jurisdiction over such cases and forcing the claims into the lower courts where ownership claims would have to be validated before actions can be initiated. This arrangement between the secular far leftists and the judicial activist Supreme Court which operates on the premise first put forth by previous President of the Supreme Court Aharon Barak who postulated that all matters upon which the court decides that there is a need for the court to adjudicate, then that becomes an area which is within the jurisdiction of the court and may then be adjudicated. This has led to the most judicially activist judiciary at the level of the Supreme Court found anywhere in the free world and has, in actuality, made the Supreme Court of Israel literally a second government which is above and superior to the elected government. It is the overreaching power which the Supreme Court has bequeathed to itself that is at the root of this and numerous other problems. When this is combined with the fact that the manner in which judges are chosen virtually allows for the Supreme Court to appoint them free of outside influences and input, one can see how this enables the judges of the Supreme Court to have near unchallengeable power. This has been used to perpetuate an excessively liberal court system with the Supreme Court leading the leftward charge. It is this definition of what lies within the purview and is judicable by the Supreme Court which has empowered this power play against those Jews residing in Judea and Samaria simply by finding anyone from the Palestinian population to claim that the Jews have built upon their land and with the assistance of leftist NGOs such as B'Tselem that suit is taken directly to the Israeli Supreme Court where the claim is rubber stamped and the demolitions are ordered. This is the question which is driving before it the Ministers of the Knesset and the Prime Minister as a strong wind drives the leaves of autumn.
So, what can be done to change this seemingly impossible situation? Obviously, any attempt to curtail the power of the Supreme Court will be immediately declared null and void by the Supreme Court, and there lies the rub. The one method in which this situation can be alleviated is to make sure it cannot be adjudicated. This would require a change to the Basic Laws which define Israeli governance. Such a piece of legislation would, be necessity, need to be defined as an amendment to the Basic Laws and crafted with care such that once passed it would clearly delineate and define the powers of the courts including but not limited to the Supreme Court. The one advantage Israel has is because they have no actual Constitution, they can modify the Basic Laws by simple majority vote. The one problem it may face is that it also would require the full backing of the Prime Minister where he would need to come out in full support while still allowing for the members of the coalition to vote their consciences. Then the Knesset could take up legalizing the settlements which they deem are intended to remain as part of Israel even after an agreement is achieved in some manner with the Palestinian Authority. What the nature and the mechanisms of attaining such an arrangement between Israel and the Palestinians is another matter for another article. The truth is that as long as the Supreme Court is allowed to operate without any limitations on the scope of their purview, then there is actually no elected government in Israel and the truth of Israeli governance is that the Knesset and Prime Minister and all other public officials are only allowed to rule as long as the Supreme Court does not oppose their decisions and actions. The real government under the current arrangement is the Supreme Court who, under the guidance from Aharon Barak, is allowed to overturn any legislation, reverse any judicial decision, void any regulation, remove or assign any responsibility, adjudicate absolutely anything performed by the entirety of the rest of the government and enact any law their little hearts feel is necessary without the need to consult or include any other member of all branches of the Israeli government. So, in order to repair the damages to the fabric of Israeli society, first the Supreme Court must have their robes cut back as you would trim a bird’s wings to prevent it from flight. Once such has been adjusted to return some semblance of balance in the Israeli governance, then the matter of how to address the communities and decide validity of claims of ownership can be done through a process which requires proof of ownership claims and allows for solutions other than the destruction of people’s homes and lives. Hopefully, such adjustments and alterations would lead to a more harmonious and balanced system within the bounds of sanity. The current system has to be attributed to the power grabbing of a power hungry, out of control madman.
Beyond the Cusp