Supreme Court head Barak explains opposition to Gavison appointment

Yuval Yoaz Haaretz
Aharon Barak

Aharon Barak


Supreme Court President Aharon Barak has publicly accounced he is opposed to appointing Prof. Ruth Gavison to the bench. The matter has engaged the judicial system for months, with Justice Minister Tzipi Livni openly pushing for Gavison's appointment, and Barak reportedly opposed to it. Barak explained his objections at the Forum on Law and Society, sponsored by Netanya College, held at Neve Ilan Friday.



Barak began by saying that Gavison is a good friend of his, so consenting to her appointment would raise charges of cronyism. While acknowledging that "she is completely worthy of being appointed a Supreme Court Justice," Barak said the problem is Gavison's "agenda," as revealed in numerous statements and publications. Gavison favors reducing the Supreme Court's interference in decisions made by the other branches of government, particularly in the area of legislative review - in other words, annulling laws that contradict basic laws.

 

"I don't want candidates taking a position regarding the agenda," Barak said. "But Ruthie forces me against my will to come out against her agenda, and her agenda is not good for the Supreme Court."

 

In response, Livni said: "I was pleased to hear that Gavison is a worth jurist in Barak's view. Every jurist of stature has judicial positions on crucial issues, in other words, an agenda. Thus do the justices serving today, and thus does Prof. Gavison. All should serve on the Supreme Court and strengthen it."

 

Barak said the court's output has not suffered despite the delayed appointment of three new justices due to Livni's refusal to convene the judicial appointments committee until Gavison's appointment is assured. Barak said the court's 12 justices are working harder than ever, however, he warned that this could not continue indefinitely.

 

Barak defended Justice Mishael Cheshin's lenience regarding the proceedings to remove Judge Hila Cohen, convicted by a disciplinary court for falsifying court minutes, calling the criticism of the court "completely unjustified."

 

He also termed "groundless" charges that the court's policy on the disengagement was discriminatory. "The courts acted in the disengagement matter with decency and objectivity," he said. "The attacks on us are the result of lack of knowledge and lack of understanding."


attachment Ruthie 05-11-13 HaAretz.pdf - The article published in Haaretz



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