Protect the independence of the courts

In a recent interview with The New York Times, Israel's new Justice Minister Ayelet Shaked revealed an interesting aspect of her outlook and her personality. Shaked said she was influenced by the well-known controversial author Ayn Rand, whose works, namely "The Fountainhead" and "Atlas Shrugged," served as an inspiration for advocates of classic capitalism in the U.S.

Elements of Rand's philosophy, known as Objectivism, can be found in the new justice minister's actions and position. It is most clearly evident in Shaked's one-sided attempt to impose her views on the public.

In her first public address, given at the annual Israeli Bar Association Conference in Eilat on Monday, Shaked proved just that when she came out against the division of "forces of light" -- those who protect the power of the High Court -- and the "forces of darkness" -- those who seek to limit its authority.

Shaked is crafty. She swears by the rule of law, but her remarks indicate that she seeks to balance it out, or in essence prevent it from interfering with the government's actions.

Shaked fails to understand that the two branches of government (the judiciary and the legislature) are not separate; the High Court's role is to scrutinize the government to prevent malice, tyranny and bias. That is why legally dubious decisions made by the government are given to judicial approval. That is how a democracy should, and does work.

Had Shaked read late Prime Minister Menachem Begin's manifest (finally published by the center named after him) on the subject, she would have understood that a classic battle between the "forces of light" and "forces of darkness" has been ongoing and by her statements she had clearly chosen the unbecoming side.

This does not pose a problem as long as this controversy stays in the realm of philosophical argument.

However, should Shaked seek to make an actual change and assign the selection of judges to a larger number of politicians than currently accepted, or prohibit the High Court from overturning (as is customary) irrational laws, the bitter war once waged between former Supreme Court presidents Aharon Barak and Dorit Beinisch, and Shaked's mentor Daniel Friedmann, will be reignited.

The system of seniority that currently decides the presidency of the Supreme Court, which most recently seated Chief Justice Miriam Naor at the helm, has proved to be effective. Should Shaked try to diverge from this system and prevent the appointment of the next in line -- Justice Esther Hayut -- in favor of some henchman, the harm to the High Court will resonate throughout the globe. It would be best for her if that war did not erupt.

In its latest issue, The Economist published a letter written by Prime Minister Benjamin Netanyahu's spokesman Mark Regev, in which he stressed that Netanyahu has been consistent and proud in his defense of Israel's judiciary, and he would continue this way during his fourth term "to ensure that the Israeli Supreme Court will continue to be renowned worldwide for its professionalism and integrity."

Minister Shaked, take note.

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