Mazuz to Friedmann: Don't use law to limit court's right to judge

A-G responds to reports that justice minister plans to pass law to curb High Court's "activism" in reviewing acts of gov't.

By DAN IZENBERG
December 6, 2007 18:00
1 minute read.
mazuz 224.88

mazuz 248.88. (photo credit: Ariel Jerozolimski [file])

 
X

Dear Reader,
As you can imagine, more people are reading The Jerusalem Post than ever before. Nevertheless, traditional business models are no longer sustainable and high-quality publications, like ours, are being forced to look for new ways to keep going. Unlike many other news organizations, we have not put up a paywall. We want to keep our journalism open and accessible and be able to keep providing you with news and analyses from the frontlines of Israel, the Middle East and the Jewish World.

As one of our loyal readers, we ask you to be our partner.

For $5 a month you will receive access to the following:

  • A user experience almost completely free of ads
  • Access to our Premium Section
  • Content from the award-winning Jerusalem Report and our monthly magazine to learn Hebrew - Ivrit
  • A brand new ePaper featuring the daily newspaper as it appears in print in Israel

Help us grow and continue telling Israel’s story to the world.

Thank you,

Ronit Hasin-Hochman, CEO, Jerusalem Post Group
Yaakov Katz, Editor-in-Chief

UPGRADE YOUR JPOST EXPERIENCE FOR 5$ PER MONTH Show me later

Justice Minister Daniel Friedmann should not push for legislation prohibiting the High Court from reviewing government decisions involving security and budgetary affairs or those made by the attorney-general regarding whether or not to indict suspects, Attorney-General Menahem Mazuz said in a statement issued Thursday. Mazuz was responding to reports that Friedmann intends to propose that the Knesset pass such a law to curb the High Court's "activism" in reviewing acts of government. The anticipated legislation would declare that certain matters related to all three categories would be "injusticiable." "Determining legislative norms for judicial restraint or for injusticiability has the virtually built-in flaw of restricting judicial review in circumstances where everyone agrees there is no justification to do so, above all, where individual rights are concerned," wrote Mazuz. He was saying that such a law would have to be formulated in a general way that could not take into account the subtleties of individual cases. Mazuz added that there should indeed be a public debate on the extent of judicial review exercised by the High Court and that through his representatives, he had frequently told the court it should not intervene in certain subjects, especially relating to military matters and foreign affairs. But, he stated that this should not be done by law. "The attorney-general disagrees with the use of legislation to restrict the right of the court to deal with certain matters," he wrote. "Legislation is not the right way to handle the issue." Mazuz also said he had informed Friedmann of his opinion a few months ago and given him a position paper detailing his views and the reasons for them.

Join Jerusalem Post Premium Plus now for just $5 and upgrade your experience with an ads-free website and exclusive content. Click here>>

Related Content

Jisr az-Zarq
April 3, 2014
Residents of Jisr az-Zarqa beckon Israel Trail hikers to enjoy their town

By SHARON UDASIN