"The Honorable President's words '…we will be able to deal with the approaching storm' are extremely rare. This is a wake-up call for the public to understand that what is at stake is the essence of the State of Israel as a democratic state that protects human rights and those of minorities. In all my decades as a judge I have not remember a similar statement by one of the presidents of the Supreme Court for generations"

By Avraham Yaakov

The President of the Supreme Court, Esther Hayut, made her first statement last week in view of the apparent intentions of the coalition to erode the foundations of democracy, to take away from the High Court its power to protect civil rights and to turn the judges into officials appointed by the coalition: "I have no doubt that thanks to the great dedication and sense of mission and commitment of each and every one of us to our role as public servants and to justice, we will continue to stand firm even in the face of the thunder and lightning that are heard and seen at this time; they are directed towards us and herald, it seems, the coming of a storm; but when The law, and only the law, before our eyes, we will be able to deal with this storm as well."

These words of the Honorable President were said against the background of the declaration of intentions of the components of the future coalition, according to which the incoming government would also like to promote the abolition of the offense of fraud and breach of trust, the enactment of a "French law", the dismissal of the legal adviser to the government, the splitting of the institution of the legal adviser to the government, and the transformation of legal advisers into government ministries To the obedient lawyers of the politicians.

It seems that the Honorable President also referred to the plans of the emerging coalition, starting with the rapid enactment of the overcoming clause, and ended with talk of canceling the two investigation committees currently operating: the committees to investigate the submarine affair and the Miron disaster.

These things may sound routine, but they are extremely rare. This is a wake-up call for the entire public to wake up and understand that what is at stake is the essence of the State of Israel as a democratic state that protects human rights and those of minorities. In all the decades of my tenure as a judge, I do not remember a similar statement by a president of the Supreme Court for generations. This is an earthquake and a statement of intent by the Honorable President according to which the courts will continue to uphold the applicable law and not surrender to all those who come to destroy Israeli democracy.

It is understood that the courts are subject to the laws of the Knesset, and they command their enforcement. But this should not teach about the subordination of the citizens and the courts to legislation that contradicts the values ​​protected by the Basic Law. Such legislation is essentially void and the courts will do everything to continue to protect and preserve the democratic nature of the State of Israel and the fundamental rights of all its citizens.

Democracy, any democracy, is also a defensive democracy. This means that the governmental institutions, including the courts, will not lend a hand to the destruction of democracy and will fight for it to the best of their ability and with all the legal tools at their disposal.

As the Honorable President pointed out, the law is the only one that directs the rulings of the courts. So, it always was and so it will always be.