In a piece entitled "The politics of Migron", in today's Israel Hayom (26 March '12), Dr Haim Shine writes the following:
The citizens of Israel have no choice but to abide by Supreme Court judgements, even if they are wrong and manifestly unjust. If people didn’t fear the court system, they would surely raise their hands against their brothers, especially in such a divided and polarized society as this one. Compliance with the rules of democracy is a cornerstone of Israel’s existence as both a Jewish and a democratic state.
...
At a certain point, the Supreme Court decided that they were occupying privately-owned Arab land. Surprisingly, no Palestinian has yet proven ownership of the land. But the Supreme Court decided that we are obligated to evacuate the residents.The Israeli government, understanding how harsh evacuation can be, especially after the evacuation of Gush Katif in 2005, reached an agreement with the residents to move them to an alternative location. The Supreme Court opposed the agreement between the government and the residents and set a date for the evacuation within three months. This decision is especially puzzling given the fact that the Supreme Court has yet to decide who owns the land.
Dr. Shine concludes:
Nevertheless and despite everything, we must uphold the court’s ruling.
Dr Shine, and perhaps Minister Benny Begin, a question or two, a comment or two, if I may.
If even in the case of "Justice delayed is justice denied" ... meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all, then in what way does "to abide by Supreme Court judgements, even if they are wrong and manifestly unjust" become "a cornerstone of Israel’s existence as both a Jewish and a democratic state."? Is it possible, perhaps, that it's merely a mockery of both.
Chief Justice Burger wrote the following, in the ABA Journal October 1970:
A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets.
To re-quote one more time: "That people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets, is that which can do incalculable damage to society. And with that, Dr. Shine, we must say, nevertheless and despite everything, we must not uphold the court’s ruling.
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