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Old 01-10-2003, 08:53 PM   #1
Teacake
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Israel too is on a suicide mission.

Supreme Court Replaces Law With Political Acrobatics
Shabtai Alboher
10 January 2003
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The Supreme Courtīs controversial decision to allow Azmi Bishara, Ahmed Tibi, and Baruch Marzel to run for the Knesset, while disqualifying Defense Minister Shaul Mofaz and Moshe Feiglin from running on the Likud list, has become the focus of heated debate across the political spectrum.

In a surprising and unprecedented move, the Supreme Court has ruled that a candidate or a political party running on a platform denying Israelīs right to exist as a Jewish State is a legitimate choice for the Israeli electorate. The candidate, Azmi Bishara, and his party, Balad, are in favor of replacing the State of Israel with a state "of all of its residents" that has no specific identification with the Jewish People. Bishara has even stated publicly that, in his opinion, there is no such thing as a "Jewish People".

The courtīs decision in the Bishara case seems to fly in the face of Israeli law, which states specifically that a party or candidate that denies the right of Israel to exist as a Jewish state must be disqualified from running for the Knesset. Israelīs Attorney General, Elyakim Rubinstein, relying on that law, successfully convinced the Elections Commission to disqualify Bishara and Balad from running for the Knesset.

The Supreme Courtīs interpretation of the law is, at best, incomprehensible from a legal standpoint. Not only do Bishara and his party platform oppose the existence of a Jewish State, they openly identify with terrorism and support terrorist groups who have taken up arms against the State of Israel and its Jewish residents. Aside from his support for the terrorist groups fighting the Oslo War, which has already claimed the lives of over 700 Jews, Bishara has stated many times that he backs the Hizbullah, a group many U.S. officials consider to be more even dangerous than al-Qaeda.

The courtīs seven to four decision to allow Bishara to run is also hard to reconcile with the fact that Bishara himself has made a mockery of the "rule of law". Overtly defying the law, Bishara flew to Syria, an enemy State, in order to attend a ceremony commemorating the death of former Syrian president, Hafez Assad. The Stateīs Attorney has indicted Bishara for this offence, and for provocative statements he made while in Syria in support of the Hizbullah.

Even more difficult to reconcile is how the court, on the one hand, found Bishara and his acts to be legitimate political expressions, but on the other hand, determined that Moshe Feiglinīs conviction in connection with his civil disobedience against the Oslo accords was an act stained with "moral turpitude", disqualifying his candidacy.

Was the court actually trying to engage in a political balancing act, using the law a mere backdrop for its decision? Keeping Bishara, Tibi, and Marzel in, while kicking out Mofaz and Feiglin may have a certain acrobatic elegance. But it should come as no surprise that political parties on the right are now calling for the court itself to be disqualified and replaced by a legitimate constitutional court, whose judges are selected democratically, with Knesset supervision and approval.

Such a constitutional court will likely perform the required acrobatics in a more logical, though potentially less elegant way, without causing the audience to lose its breath, and without compromising its moral soul.
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Can I make you a pita sandwich before you kill me? And, perhaps a nice cup of tea with that?
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Old 01-10-2003, 09:20 PM   #2
Rob
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I'm sure that ruling will make takeo very happy. He must be celebrating the end of Israel tonight.
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Old 01-10-2003, 09:33 PM   #3
takeo
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Indeed it makes me happy that there are still people who want to preserve the democratic nature of Israel. If it were upon you guys than Israel would be less democratic than Saoudi Arabia, with only "good" Jews (decided by a special commission of die-hard rightwingers) as candidates. Arabs would already have been etnic cleansed/massacred.
the current policy of israel is suicide-mission, as the current war is undermining israel's economy and geo-political position in the region, and relations with neighbours deteriorating.
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Old 01-10-2003, 09:50 PM   #4
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Quote:
Originally posted by takeo
Indeed it makes me happy that there are still people who want to preserve the democratic nature of Israel. If it were upon you guys than Israel would be less democratic than Saoudi Arabia, with only "good" Jews (decided by a special commission of die-hard rightwingers) as candidates. Arabs would already have been etnic cleansed/massacred.
the current policy of israel is suicide-mission, as the current war is undermining israel's economy and geo-political position in the region, and relations with neighbours deteriorating.
Sure Mohammed. Now back to your Israel hating party.
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Old 01-11-2003, 02:18 AM   #5
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How to disqualify the idiotic self-defeating Supreme Court? We need a Constitution already. Israel is Jewish Natl Homeland.
Too much blood was spilled for that already.
Whoever cannot live in peace with that - should be humanely deported. There are 22 Arab states, Eurostan, etc.
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Old 01-11-2003, 08:35 AM   #6
takeo
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yeah, the Israeli supreme court are anti-semitic nazi's, aren't they? And payed by the Arabs...
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Old 01-11-2003, 11:15 AM   #7
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The key difference is that takeo comes at it from the perspective of an American-like system where no matter how many minority candidates there are, they're never really a threat because either candidate A or candidate B will win. Israel is more of a pure parliamentary system with no voting wards or districts so elections are on strict fractional proportional basis. That is precisely the issue that all the takeos of the world have as a criticism against Israel.

You see if you think that Shas needs to be barred or limited just because you think they are 'extremist' then it also has to work against the terrorists you support as well.

I tend to agree that Israel needs at least voting districts that aggregate votes per ward. This would make fringe elements less of an issue. All extreme candidates would be free to run etc. but they would be much less likely to win a seat. That way everyone gets their say per free speech democratic process and some semblence of political order is maintained.
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Old 01-12-2003, 03:38 AM   #8
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In fact in France we have a system similar to the one in Israel, it doesn't give a lot of problems. in fact it is safer and more democratic than an anglo-american system of "the winner takes all", it's more representative, as everyone gets a chance to be elected.
So what if there're Arab extremists in the israeli parliament, there are jewish extremists as well represented. that's democracy you know, people have a free choice of electing a candidate of their own. if you don't like this, than you can also organise Soviet- or cuban-style elections, where any "inappropriate" or "state-dangerous"-candidates are not permitted to run.
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Old 01-12-2003, 10:10 AM   #9
MGB8
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Re: Israel too is on a suicide mission.

While I am, in general, against the idea of not lettting people run, to say that a platform denying Israel's right to exist is acceptable is beyond ridiculous. Wow. If that's in their platform, OF COURSE they shouldn't be allowed to run...that's TREASON.


Quote:
Originally posted by Teacake
Supreme Court Replaces Law With Political Acrobatics
Shabtai Alboher
10 January 2003
Email this story
Print this story

The Supreme Courtīs controversial decision to allow Azmi Bishara, Ahmed Tibi, and Baruch Marzel to run for the Knesset, while disqualifying Defense Minister Shaul Mofaz and Moshe Feiglin from running on the Likud list, has become the focus of heated debate across the political spectrum.

In a surprising and unprecedented move, the Supreme Court has ruled that a candidate or a political party running on a platform denying Israelīs right to exist as a Jewish State is a legitimate choice for the Israeli electorate. The candidate, Azmi Bishara, and his party, Balad, are in favor of replacing the State of Israel with a state "of all of its residents" that has no specific identification with the Jewish People. Bishara has even stated publicly that, in his opinion, there is no such thing as a "Jewish People".

The courtīs decision in the Bishara case seems to fly in the face of Israeli law, which states specifically that a party or candidate that denies the right of Israel to exist as a Jewish state must be disqualified from running for the Knesset. Israelīs Attorney General, Elyakim Rubinstein, relying on that law, successfully convinced the Elections Commission to disqualify Bishara and Balad from running for the Knesset.

The Supreme Courtīs interpretation of the law is, at best, incomprehensible from a legal standpoint. Not only do Bishara and his party platform oppose the existence of a Jewish State, they openly identify with terrorism and support terrorist groups who have taken up arms against the State of Israel and its Jewish residents. Aside from his support for the terrorist groups fighting the Oslo War, which has already claimed the lives of over 700 Jews, Bishara has stated many times that he backs the Hizbullah, a group many U.S. officials consider to be more even dangerous than al-Qaeda.

The courtīs seven to four decision to allow Bishara to run is also hard to reconcile with the fact that Bishara himself has made a mockery of the "rule of law". Overtly defying the law, Bishara flew to Syria, an enemy State, in order to attend a ceremony commemorating the death of former Syrian president, Hafez Assad. The Stateīs Attorney has indicted Bishara for this offence, and for provocative statements he made while in Syria in support of the Hizbullah.

Even more difficult to reconcile is how the court, on the one hand, found Bishara and his acts to be legitimate political expressions, but on the other hand, determined that Moshe Feiglinīs conviction in connection with his civil disobedience against the Oslo accords was an act stained with "moral turpitude", disqualifying his candidacy.

Was the court actually trying to engage in a political balancing act, using the law a mere backdrop for its decision? Keeping Bishara, Tibi, and Marzel in, while kicking out Mofaz and Feiglin may have a certain acrobatic elegance. But it should come as no surprise that political parties on the right are now calling for the court itself to be disqualified and replaced by a legitimate constitutional court, whose judges are selected democratically, with Knesset supervision and approval.

Such a constitutional court will likely perform the required acrobatics in a more logical, though potentially less elegant way, without causing the audience to lose its breath, and without compromising its moral soul.
-------------------------------------------------------

Can I make you a pita sandwich before you kill me? And, perhaps a nice cup of tea with that?
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Old 01-12-2003, 10:14 AM   #10
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I wonder why takeo talks of how great democracy is yet is a communist? I wonder why he thinks Israel should have to give rights to anybody when if he was a leader of a country it would be a communist one?
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Old 01-12-2003, 10:15 AM   #11
Lowell
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We can only hope that these anti-Israel Arabs get so few votes that they fade into obscurity. I don't think they should be able to run for office within Israel but at the same time this ruling by the Israel Supreme Court shows that Israel is far more democratic than any Arab nation. Are Jews able to run for political office in any Arab nation even if they do not deny the right of Arabs to exist? Of course not, Jews aren't permitted to even live in Arab nations!
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Old 01-12-2003, 10:43 AM   #12
Rob
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Quote:
Originally posted by takeo
yeah, the Israeli supreme court are anti-semitic nazi's, aren't they? And payed by the Arabs...
You're the one always calling Israelis fascists. How stupid are you?
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Old 01-12-2003, 01:12 PM   #13
takeo
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didn't you call me anti-semitic???

actually if i would run a country it would be a multi-party democracy, but France would quit NATO immidiately and establish even closer ties with China, Russia and Arab countries. everyone would be able to run in the elections, including traitors and fascists, but of course it doesn't mean there aren't other means to combat them, such as manipulating the media, the favorite tool of the "free world"-capitalism.
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Old 01-12-2003, 01:37 PM   #14
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Hey that sounds good.

That means I can assassinate you as soon as you become leader, right?
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Old 01-12-2003, 02:44 PM   #15
takeo
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So you wanna become terrorist?
I hope a suicide-bomber...
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