Supreme Court President Dorit Beinisch lashed out against the Knesset's latest attempts to reform the judiciary Wednesday, warning that legislators could undermine "the core tenets of Israeli society." This was the top judge's second such attack this month, reflecting the growing tensions between the two branches of government. Beinisch spoke at a conference at the International Disciplinary Center in Herzliya marking the 20th anniversary of the Constitutional Revolution -- a term used to describe the changed nature of the High Court following the enactment of some of Israel's Basic Laws during the 1990's, which guaranteed basic civil liberties. The courts have traditionally viewed Israel's Basic Laws, which specify the nation's core values and system of government and can only be repealed with a special majority, as equivalent to a constitution. Beinisch participated in a panel called "The Human Rights Revolution: Past, Present and Future" alongside her two immediate predecessors, retired Presidents Aharon Barak and Meir Shamgar, in what was the last day of the conference. As the panel, hosted by renowned legal scholar Prof. Ruth Gavison, was about to get underway, several social activists got up, chanting, "Put an end to rule of the mighty over the individual." Addressing the protesters, Beinisch said, "We all want social justice," echoing the slogan used by many Israelis during this past summer's wave of demonstrations. The social justice movement, which morphed from a tent encampment on Tel Aviv's Rothschild Boulevard into mass protests across the country, highlighted the rising cost of living in Israel and forced the government to introduce measures designed to help the middle class. Beinisch provided an overview of the Constitutional Revolution and tried to sound an upbeat note. "Although I do not subscribe to all the doom and gloom predictions concerning the constitutional enterprise we built, I do fear for it. Events of the past months and the pending Knesset legislation aimed, at least in part, at changing our basic core tenets, may suggest that what has been built here over the past 60 years, and particularly over the past twenty, could unravel at any moment." Earlier this month Beinsich accused politicians of a campaign of "deceit, poison and incitement" against the legal system. Over the past several weeks several lawmakers tried to introduce reforms in the judiciary through a series of bills. The most controversial piece of legislation, now stalled, would make any future Supreme Court appointees undergo a Knesset hearing before being confirmed. Another bill would prevent judges from ruling on certain issues. While the bills' sponsors say the bills are merely intended to introduce more oversight, in keeping with the concept of checks and balances, others have warned that the new measures would compromise the courts' independence and may threaten what has been called judicial supremacy. Civil rights groups have also recently decried efforts to restrict funding to political NGOs or to introduce a much more lax interpretation of what constitutes libel, warning that such laws could stifle free speech. Another panel member, former Supreme Court Deputy President Justice Dr. Mishael Cheshin referred to himself as a "party pooper," issuing gloomier predictions than the other jurists in the room. "There are some foul winds blowing from the Knesset and heading our way, and we should rightfully be concerned. Judges are supposed to safeguard minority rights and the rights of the individual. There are tough times ahead of us as well as many conflicts of opinion." Remarks in a similar vein were made by Barak, who presided over the crucial early years of the Constitutional Revolution as Supreme Court president in the mid 1990s, and who is a strong proponent of judicial activism. The former top judge, who is famous for saying "the court can rule on anything," said that the attacks on the High Court "border on incitement." He went on to say that the current bills on the Knesset docket "appear to be unconstitutional."
Judges say 'foul wind' blowing from Knesset
In an academic forum, the Supreme Court president once again attacks proposed reforms to the justice system • They could undo Israel's Constitutional Revolution of the 1990s as well as civil liberties, say Beinisch and jurists.
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