Menachem Begin did not fear the rule of law. He liked it and respected it. Perhaps because he was a leader who spent most of his days in the desert of the opposition, head of a minority that was persecuted and denounced by the regime (Ben-Gurion famously delineated the boundaries of legitimate political parties in the early years of the state when he said "without Herut or Maki," referring to two political parties of the day), until he eventually became prime minister. Now, in our time, there are those who seek to recreate Begin in their own image, painting him as a fierce opponent of the Supreme Court and the principle of the supremacy of the law. They would be well advised to re-read his writings and the history books. Begin knew very well, and made sure to emphasize whenever he could, in writing and in speeches, that the rule of law - unlike the rule of flesh and blood - is a guarantee of a properly functioning democratic regime, and a central factor in the protection of the rights of minorities. It is no accident that after the High Court ordered the evacuation of an illegal settlement, it was Menachem Begin of all people who took it upon himself, although he clearly did not want to, to uphold the authority of the ruling. On his first visit to Alon Moreh, he uttered his unforgettable statement, which entered the national lexicon, that "there are judges in Jerusalem." Former Supreme Court Justice Aharon Barak's years as the government's legal advisor were turbulent. Barak was not deterred from the thunder breaking loudly around him, and used legal means to pursue the loftiest nobles, according to the famous "Buzaglo test" [which posited that the powerful and connected should receive the same treatment at the hands of government institutions as the simplest of people]. One of Barak's greatest supporters was Menachem Begin. While many in Begin's party sought to have Barak, who had been appointed by the previous Alignment [the precursor to the Labor party] government, removed, Begin not only left him in his position, but even made him a full partner in the diplomatic negotiations at Camp David (and not only on the legal side), when it was already clear that he was headed to the Supreme Court. Later, Barak said of Begin that any time he would bring a legal matter before him, be it on an internal social matter or external diplomatic one, Begin would show himself to be someone for whom "the rule of law is in his blood and the supremacy of the law is in his soul." Begin responded similarly when his government's first legal advisor, Y.S. Shapira, asked to attend cabinet meetings. By ordering that the government's legal adviser be present at all cabinet meetings, the first Likud prime minister did what no Mapai government had done before him. This did not prevent him from disagreeing with the legal adviser's position. One of the famous disagreements between the two related to amnesty for Yehoshua Ben-Zion, the managing director of Israel-British Bank, who was convicted of embezzlement. Begin strongly supported granting Ben-Zion amnesty, while Barak objected to it. Begin was one of the first to demand appreciation for "the supremacy of the law." Beyond the legal education he received at the University of Warsaw, Begin knew that were it not for fear of the government, men would swallow each other alive. Except for one exception when he led the masses against the reparations agreement with Germany, Begin always called for respecting the government's authority, the law and the court's judgements, even when he disagreed with them. For this same reason, Begin also exhibited leadership during the traumatic Altalena crisis. Despite his considering it an act of tragic foolishness, Begin called on all of his colleagues to act with restraint and refrained from using force or violating the law against the government's actions. This is also how he acted during the decades that he spent as part of the opposition. His words were harsh, but always within the framework of the law.
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Begin, champion of the rule of law
מערכת היום
מערכת "היום“ מפיקה ומעדכנת תכנים חדשותיים, מבזקים ופרשנויות לאורך כל שעות היממה. התוכן נערך בקפדנות, נבדק עובדתית ומוגש לציבור מתוך האמונה שהקוראים ראויים לעיתונות טובה יותר - אמינה, אובייקטיבית ועניינית.