i24 News, "Judicial reform 101: What you need to know about the protests in Israel" (excerpts) February 14, 2023
Here are the main five components of the judicial reforms:
1. Override clause
The Israeli Parliament (Knesset) would be able to override Supreme Court decisions with a simple majority of 61 votes out of the 120-seat Knesset.
2. Appointing judges
Today, judges are chosen by a committee of nine members: Three Supreme court judges – including the High Court president – two representatives of the Israel Bar Association, and four members who are elected representatives (two ministers and two Knesset members).
If these reforms are passed, the two representatives from the Israel Bar Association would be replaced by two public representatives who are chosen by the justice minister…
In other words, the ruling government would have five out of nine seats in the committee when it comes to appointing new Supreme Court justices…
3. Earlier retirement age for justices
Today, the Israeli Supreme Court has 15 judges. Once appointed, judges serve until retirement at the age of 70, unless they are removed or choose to resign from office. The judicial reforms would lower the age of retirement for Supreme Court justices to 67.
If enacted, the move would require four out of the 15 currently serving judges to step aside…
4. Test of Reasonability
The Supreme Court would no longer be able to judge Knesset legislation, appointments, or other government decisions on the grounds of “reasonability.”…
5. Legal Advisers
The plan also includes changing the law so that government ministers will be able to appoint their own legal advisers, which is not in their authority currently. Today, ministers get counsel from advisers operating under the Justice Ministry – aka the judiciary.
These reforms would mean that government legal advisers would also lose the ability to make binding decisions, and would only be able to issue advice. Each ministry has a legal adviser who says what is legal or not according to the law...
Democracy in America (excerpts), 1835
I regard as impious and detestable this maxim that in matters of government the majority of a people has the right to do anything, and yet I consider that the will of the majority is the origin of all powers. Do I contradict myself?...
I think that a social power superior to all others must always be placed somewhere, but I believe liberty is in danger when this power encounters no obstacle that can check its course and give it time to moderate itself...
What I most criticize about democratic government as it has been organized in the United States, is not its weaknesses as many people in Europe claim, but on the contrary, its irresistible strength. And what repels me the most in America is not the extreme liberty that reigns there; it is the slight guarantee against tyranny that is found...
When a man or a party suffers from an injustice in the United States, to whom do you want them to appeal? To public opinion? That is what forms the majority. To the legislative body? It represents the majority and blindly obeys it. To the executive power? It is named by the majority and serves it as a passive instrument. To the police? The police are nothing other than the majority under arms. To the jury? The jury is the majority vested with the right to deliver judgments. The judges themselves, in certain states, are elected by the majority. However iniquitous or unreasonable the measure that strikes you may be, you must therefore submit to it.
Suppose, in contrast, a legislative body composed in such a way that it represents the majority, without necessarily being the slave of the majority’s passions; an executive power that has a strength of its own; and a judicial power independent of the two other powers; you will still have a democratic government, but there will no longer be hardly any chances for tyranny.
רַבִּי חֲנִינָא סְגַן הַכֹּהֲנִים אוֹמֵר, הֱוֵי מִתְפַּלֵּל בִּשְׁלוֹמָהּ שֶׁל מַלְכוּת, שֶׁאִלְמָלֵא מוֹרָאָהּ, אִישׁ אֶת רֵעֵהוּ חַיִּים בְּלָעוֹ.
Rabbi Hanina, the vice-high priest said: pray for the welfare of the government, for were it not for the fear it inspires, every man would swallow his neighbor alive.
Bachya ibn Pekuda, Middle-Ages Spain, 1040 CE
Duties of the Heart discusses topics such as the unity of God, devotion to God and repentance. The book is divided into ten “gates” or treatises.
What you should also attentively consider and examine is the fact that despite the wide diversity of dispositions among human beings there is whole-hearted agreement among them in the appointment of one of their number to rule over them (a king); they assume the option to serve him, and render him obedience in all that he commands and charges them. He on his part protects them, treats them with sympathy, judges their causes righteously, governs them for their common good, so that their interests shall not suffer and no enemy prevail against them. If every individual only cared for himself and only troubled to ward off hurt from his own person, men would never agree or build a tower or wall, and their common interests would be unprotected. This also is to be noted that the ruler himself observes the statutes, governs his people in accordance with righteous judgments and in good and upright ways, and overall is a servant of the law and observes righteousness. So conducting himself, his dominion will be established and his sovereignty endure, as it is said (Mishlei 20:28) "Mercy and Truth preserve the king." Our sages also have said "Pray for the welfare of the government; since if not for the fear thereof, men would swallow each other alive" (Pirkei Avot 3:2).
Where do we (non-Israelis) fit in? Finding "our people".
רִבִּי זְעִירָא כַּד סְלִיק לְהָכָא אָזַל אַקִּיז דָּם. אֲזַל בָּעֵי מִיזְבַן חָדָא לִיטְרָא דְקוּפָּד מִן טַבְּחָא. אָמַר לֵיהּ בְּכַמָּה הָדֵין לִטְרְתָא אָמַר לֵיהּ בְּחַמְשִׁין מָנַיי וְחַד קוּרְסָם. אָמַר לֵיהּ סַב לָךְ שִׁיתִּין וְלָא קְבִיל עִילוֹי. סַב לָךְ ע̇ וְלָא קְבִיל עִילוֹי. סַב לָךְ פ̇. סַב לָךְ צ̇. עַד דְּמָטָא לְמֵאָה וְלָא קְבִיל עִילוֹי. אָמַר לֵיהּ עֲבִיד כְּמִנְהָגָךְ. בְּרוּמְשָׁא נְחִית לְבֵית וַעֲדָא. אָמַר לוֹן רַבָּנָן מַה בִּישׁ מִנְהָגָא דְהָכָא דְּלָא אָכַל בַּר נַשׁ לִיטְרָא דְקוּפָּד עַד דְּמָחֵי לֵיהּ חַד קוּרְסָם. אָֽמְרִין לֵיהּ וּמַה הוּא דֵין. אָמַר לוֹן פַּלָּן טַבְּחָא. שָֽׁלְחוּן בָּעֵיי מֵיתְתֵיהּ וְאַשְׁכְּחוּן אֲרוֹנֵיהּ נַפְקָא.
Rebbi Zeïra went to have himself bled when he ascended [to Israel]. [After,] he went and wanted to buy a pound of red meat from a butcher. He asked him: How much is that pound? He said to him, 50 minas and one slap. He said to him: Take 60, but he did not accept. Take 70, but he did not accept. Take 80, take 90, until he came to 100 and he did not accept. Then he said: Do what is your routine. The next morning he went to the Academy and said to them: Rabbis, what is this bad practice here that nobody can eat a pound of red meat unless they slap him! They said to him: Who did that? He said, the butcher so-and-so. They sent to him to bring him but they found that his coffin was being carried out.
Midrash Tanchuma is a midrash on the five books of the Torah, structured as sermons on the opening verses of each paragraph in the Torah. Named for the talmudic sage Rabbi Tanchuma, who features prominently in the text. The dating and composition history of the Tanchuma are matters of scholarly debate. Composed: Talmudic Babylon/Italy/Israel (c.500 - c.800 CE)
(א) דָּבָר אַחֵר, וַיִּגַּשׁ אֵלָיו יְהוּדָה, שֶׁנִּגַּשׁ בְּתוֹכָחוֹת. בִּי אֲדֹנִי, אַל תַּעֲבוֹר עָלֵינוּ מִדַּת הַדִּין, יְדַבֵּר נָא עַבְדְּךָ דָּבָר בְּאָזְנֵי אֲדוֹנִי רָאוּי הָיָה לוֹמַר לִפְנֵי אֲדוֹנִי, אֶלָּא מְלַמֵּד שֶׁהָיָה מְדַבֵּר אַחַת קָשָׁה וְאַחַת רַכָּה...
(ד) אֲדֹנִי שָׁאַל אֶת עֲבָדָיו, אָמַר לוֹ: מִתְּחִלָּה בַּעֲלִילָה בָּאתָ עָלֵינוּ, מִכַּמָּה מְדִינוֹת יָרְדוּ לְמִצְרַיִם לִשְׁבֹּר אֹכֶל וְלֹא שָׁאַלְתָּ אַחַד מֵהֶן, שֶׁמָּא בִּתְּךָ בָּאנוּ לִקַּח אוֹ אֲחוֹתֵנוּ אַתָּה סָבוּר לִשָּׂא, אַף עַל פִּי כֵן לֹא כִסִּינוּ מִמְּךָ דָּבָר.
(ה) אָמַר לוֹ יוֹסֵף, יְהוּדָה, לָמָּה אַתָּה דַבְּרָן מִכָּל אַחֶיךָ, וַאֲנִי רוֹאֶה בַגָּבִיעַ שֶׁיֵּשׁ בְּאַחֶיךָ גְּדוֹלִים מִמְּךָ וְאַתָּה פַּטִּיט. אָמַר לוֹ: כָּל זֹאת שֶׁאַתָּה רוֹאֶה, בִּשְׁבִיל הָעַרְבוּת שֶׁעָרַבְתִּי אוֹתוֹ. אָמַר לוֹ: מִפְּנֵי מָה לֹא עָרַבְתָּ אֶת אָחִיךָ כְּשֶׁמְּכַרְתֶּם אוֹתוֹ לַיִּשְׁמְעֵאלִים בְּעֶשְׂרִים כָּסֶף, וְצִעַרְתָּ אֶת אָבִיךָ הַזָּקֵן וְאָמַרְתָּ לוֹ טָרֹף טֹרַף יוֹסֵף, וְהוּא לֹא חָטָא לָךְ. אֲבָל זֶה שֶׁחָטָא וְגָנַב הַגָּבִיעַ, אֱמֹר לְאָבִיךָ, הָלַךְ הַחֶבֶל אַחַר הַדְּלִי... (ז) מִיָּד אָמַר יְהוּדָה לְנַפְתָּלִי, לֵךְ וּרְאֵה כַּמָּה שְׁוָקִים יֵשׁ בְּמִצְרָיִם. קָפַץ וְחָזַר, אָמַר לוֹ שְׁנֵים עָשָׂר. אָמַר יְהוּדָה לְאֶחָיו, אֲנִי אַחֲרִיב מֵהֶן שְׁלֹשָה, וּטְלוּ כָּל אֶחָד מִכֶּם אֶחָד וְלֹא נַשְׁאִיר בָּהֶם אִישׁ. אָמְרוּ לוֹ אֶחָיו, יְהוּדָה, מִצְרַיִם אֵינָהּ כִּשְׁכֶם. אִם אַתָּה מַחֲרִיב מִצְרַיִם, תַּחֲרִיב אֶת הָעוֹלָם כֻּלּוֹ. בְּאוֹתָהּ שָׁעָה, וְלֹא יָכֹל יוֹסֵף לְהִתְאַפֵּק...(יא) ... אָמַר לָהֶן יוֹסֵף, לֹא כָךְ אֲמַרְתֶּם שֶׁאָחִיו שֶׁל זֶה מֵת. אֲנִי קְנִיתִיו, אֶקְרָאֶנּוּ וְיָבֹא אֶצְלְכֶם. הִתְחִיל קוֹרֵא, יוֹסֵף בֶּן יַעֲקֹב בֹּא אֶצְלִי, יוֹסֵף בֶּן יַעֲקֹב בֹּא אֶצְלִי וְדַבֵּר עִם אַחֶיךָ שֶׁמְּכָרוּךָ, וְהָיוּ נוֹשְׂאִין עֵינֵיהֶם בְּאַרְבַּע פִּנּוֹת הַבָּיִת. אָמַר לָהֶם יוֹסֵף, לָמָּה אַתֶּם מִסְתַּכְּלִין לְכָאן וּלְכָאן, אֲנִי יוֹסֵף אֲחִיכֶם. מִיָּד פָּרְחָה נִשְׁמָתָן וְלֹא יָכְלוּ לַעֲנוֹת אֹתוֹ...
(טו) כֵּיוָן שֶׁרָאָה יוֹסֵף שֶׁהָיְתָה לָהֶם בּוּשָׁה גְדוֹלָה, אָמַר לָהֶן, גְּשׁוּ נָא אֵלַי, וַיִּגָּשׁוּ. וְכָל אֶחָד וְאֶחָד הָיָה מְנַשְּׁקוֹ וּבוֹכֶה עָלָיו, שֶׁנֶּאֱמַר: וַיְנַשֵּׁק לְכָל אֶחָיו וַיֵּבְךְִ עֲלֵיהֶם. וּכְשֵׁם שֶׁלֹּא פִיֵּס יוֹסֵף אֶת אֶחָיו אֶלָּא מִתּוֹךְ בִּכְיָה, כָּךְ כְּשֶׁיִּגְאַל הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת יִשְׂרָאֵל, מִתּוֹךְ בִּכְיָה הוּא גוֹאֲלָם, שֶׁנֶּאֱמַר: בִּבְכִי יָבֹאוּ וּבְתַחֲנוּנִים אוֹבִילֵם אוֹלִיכֵם אֶל נַחֲלֵי מַיִם בְּדֶרֶךְ יָשָׁר לֹא יִכָּשְׁלוּ בָּהּ כִּי הָיִיתִי לְיִשְׂרָאֵל לְאָב וְאֶפְרַיִם בְּכֹרִי הוּא (ירמיה לא, ח).
(1) Another comment on Then Judah drew near unto him. He came near him and said huskily; “Oh, my lord, do not transgress the laws of justice because of us. Let thy servant, I pray thee, speak a word in my lord’s ear” (Gen. 44:18). It would have been more fitting if he had said: “in the presence of my lord.” Hence these words teach us that he spoke both harshly and gently...
(4) My lord asked his servants (ibid., v. 19). That is, he said to him: “From the very outset you practiced subterfuge toward us. Men have come to Egypt from numerous provinces to purchase grain, but you did not ask them, ‘Perhaps you have come to marry our daughters, or maybe you want to wed our sisters.’ Nevertheless, we withheld nothing from you.”
(5) Joseph retorted. “Why do you speak in behalf of all your brothers? I have discovered through this cup that you do have older brothers, and that you are, indeed, a garrulous creature.” Judah replied: “What you see is correct, but I am compelled to speak because I pledged myself as a surety for my brother.” “Then why were you not surety for your brother when you sold him to the Midianites for twenty pieces of silver, and why did you distress your father by telling him Joseph is without doubt torn to pieces (Gen. 37:33)? Joseph did you no evil, but this one sinned in stealing the goblet. Go tell your father: The rope has followed after the bucket.”...
(7) Judah said forthwith to Naphtali: “Go and count the number of central markets in Egypt.” He hurried away, and on his return informed Judah that there were twelve markets in Egypt. Judah told his brothers: “I will destroy three of them, and each of you will destroy another. Do not permit a single soul to survive.” His brothers retorted: “Judah, Egypt is not Shechem [which we destroyed to defend our sister, Dina's, honor]. If you were able to devastate Egypt, you would destroy the entire world by doing that.” From that moment on Joseph was no longer able to restrain himself...
(11) ...And he said to them: “You said, did you not, that this one’s brother is dead? The fact is that I have purchased him. I will summon him and he will come to you.” He began to call out: “Joseph son of Jacob, come to me, Joseph son of Jacob, come to me, and speak to your brothers who sold you.” They stared into every corner of the house, until Joseph said to them: “Why do you look all around you? I am your brother Joseph.” They all fainted at once, unable to reply...
15) When Joseph saw that they were extremely embarrassed, he said to them: Come near to me, I pray you (Gen. 45:4). As each one of them approached, he kissed him and wept with him, as is said: And he kissed all his brethren, and wept upon them (ibid., v. 15). Just as Joseph comforted his brothers while they were weeping, so the Holy One, blessed be He, will redeem Israel while she weeps, as it is said: They shall come with weeping, and with supplications will I lead them; I will cause them to walk by rivers of waters, in a straight way wherein they shall not stumble (Jer. 31:9).

