Israel’s Supreme Court
adjudicates thousands of cases a year affecting the political, social,
economic, ethnic, and religious character of the State. It does so with
only occasional reference to laws and moral principles drawn from the
heritage of the Jewish people. This raises a momentous question: Can
Israel endure as a Jewish state when its judicial system, which subtly
influences every aspect of daily life, is primarily based on non-Jewish
law?
The author shows how Supreme
Court President Aaron Barak ignores the Foundations of Law Act, which
should have made Jewish law Primus Inter Pares (“first among
equals”) among the diverse legal systems used in Israel. By forsaking the
legal heritage of their country, the Court assault the emotions and
expectations of the older population while rendering young people rootless
and aimless, placing all at the mercy of whim, chance, and accident.
Although the Court acknowledges
Israel as a Jewish and democratic state, judge Barak invariably champions
democratic rights in almost total disregard of Jewish
rights. He thereby belittles the convictions and customs of a
large majority of Israel’s Jewish population. In fact, Barak baldly
admits that he represents Israel’s “enlightened population”, i.e., its
diminishing minority of alienated intellectual elites or “post-Zionists”.
This suggests that Barak’s emphasis on democratic rights is a facade for
elitism. To perpetuate this elitism, the Court has adopted the
anti-traditional or indiscriminate egalitarianism and libertarianism of
American jurisprudence.
Since the Court employs
non-Jewish jurisprudence to diminish the Jewish character of the State,
the author presents prima facie evidence showing that Jewish law is more
rational and ethical than other legal systems. Accordingly, he proposes
practical measures by which to facilitate the incorporation of Jewish
civil law into Israel’s legal system. In the process, he shows how to
prevent the Supreme Court from pursuing its ultra-secular agenda.
