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Ketzaleh: Take Away High Court’s Jurisdiction Over Security Matters

The High Court of Justice ruling of last week regarding Highway 443 has been met with outrage and concern. The court has ordered the IDF to open the Jerusalem-Modi’in Highway to PA (Palestinian Authority) motorists, a move that usurps the IDF’s authority along with its responsibility for the welfare and safety of Israeli motorists.

The High Court’s ruling was possibly the straw that broke the camel’s back, after a string of rulings, rejecting calls to prevent the release of murderous terrorists in prisoner exchange deals, and similar situations, in which the court opted not to interfere in government affairs. In this case critics explain, the court does not seem to have a problem interfering in security matters.

One MK is seeking to distance the High Court from deciding vital security matters in the future. MK Yaakov Katz (Ketzaleh), who heads the Ichud HaLeumi opposition party, has submitted a bill that would strip the court of any authority to hear cases addressing such security decisions.

Katz believes that the High Court should be barred from issuing directives that compel government agencies and local municipalities to act on matters dealing with human life. The court would be permitted to provide a recommendation and/or opinion, but not a ruling that demands action.

In the wording of the bill, it credits the justices with their vast knowledge in many areas, as well as “upholding the flag of morality” but the court lacks the professional knowledge and expertise regarding certain security matters, and as such, “while being ethical, the justices may compromise state security and place lives in danger”.

The bill, which constitutes an amendment to the Judicial Basic Law, is already backed by a number of lawmakers, including Danny Danon (Likud), Yariv Levine (Likud), Fania Kirshenbaum (Yisrael Beitenu), R’ Uri Maklev (Yahadut HaTorah), Uri Orbach (HaBayit HaYehudi), Uri Ariel (Ichud HaLeumi) and Shas MKs Avraham Michaeli, Nissim Ze’ev, Chaim Amsellem and Yitzchak Vaknin.

(Yechiel Spira – YWN Israel)

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