Thursday, March 01, 2012

JuridicsIsrael: New Prez Supreme Court: Activist Prez Dorit Beinisch retires, replacement Asher Gunis in past advocated judicial restraint

JERUSALEM (JTA) — It ordered the West Bank security fence rerouted because it cut through private Palestinian property.
It overturned state-backed discrimination against Arab Israelis on issues of land distribution and ruled against the Israel Defense Forces’ use of military methods deemed to cause “disproportionate” harm to Palestinian civilians. It overturned Israel’s ban against political parties said to be too “radical.”
And just last week it ruled that the Tal Law, which grants exemptions to haredi Orthodox Israelis from Israel’s military draft so they can study in yeshiva, is unconstitutional.
These are just some of the Israeli Supreme Court decisions that have changed the way Israel does business during the tenure of justice Dorit Beinisch, Israel’s first female chief of the court.
Jewish Ideas (March1,2k12)
— article intro reposted here by Lawt, refWrite Frontpage juridics columnistgeneral editor, refWrite
The Supreme Court’s interventionist approach — with its strong emphasis on protecting minority rights – was pioneered by Aharon Barak, who served as the court’s president (the Israeli equivalent to chief justice) between 1995 and 2006. But Beinisch, who is retiring from the court this week after serving since December 1995, upheld the tradition of judicial activism, keeping the court at the center of Israeli public debate and making it a lightning rod for Orthodox and right-wing critics.
That could change as Beinisch, who turned 70 on Tuesday, steps down and is replaced by Asher Grunis, a conservative justice who has made a name for himself as a supporter of judicial restraint.
“There is a huge difference between Grunis’ approach and that of Barak and Beinisch,” said Barak Medina, dean of Hebrew University’s law department. “If the Supreme Court were to move in Grunis’ direction, it would be a 180-degree turnaround.”
Read the full article .... click the t+mstamp below ...

See also Harvard Prof Dorit Wisse in Wall Stret Journal (Feb28,2k`2)
vs Harvard Gangbangers letting loose on Israel (rW6 Calendar March 3-4)

No comments: