Exploding the myth of the 'apolitical' court

By
January 23, 2012 16:44

Justices’ views are clearly no secret if jurists can predict how each will rule.




Dorit Beinisch

Dorit Beinisch 311. (photo credit:Reuters)

If anyone remains unconvinced that something is badly wrong with Israel’s judicial system, the reactions to this month’s High Court of Justice ruling on the amended Citizenship Law should provide ample proof.

In a 6-5 decision, the court upheld a controversial amendment that imposes strict limits on the right of Palestinians married to Israelis to immigrate to Israel. While the right to marry is a basic right, the majority said, it doesn’t include the right to live with one’s spouse in Israel specifically; the state is entitled to restrict marriage-based immigration to protect important interests like security (the amendment was enacted after several Palestinians who obtained citizenship through marriage exploited their residency rights to commit terror attacks).

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