Israel’s Chief Justice Aaron Barak: Part I
Back in March 1992, the Knesset enacted two basic laws, Basic Law: Human Dignity and Freedom, and Basic Law: Freedom of Occupation. According to Justice Aaron Barak, who at the time was not president of Israel’s Supreme Court, these two Basic Laws were nothing less than a “constitutional revolution.” The first mentioned Basic Law was passed by a vote of 32-21, that is, with less than half the Knesset voting, while the second passed by the underwhelming vote of 23-0.
Well, you see dear reader, there was an impending Knesset election, and Israel’s MKs were preoccupied with more important matters, like saving their seats. Yet these Basic Laws are supposed to be part of Israel’s so-called “emerging constitution.” It’s been emerging for decades! Emerging or not, can anyone imagine amending a country’s constitution, its fundamental law, by a mere 20% of its legislature, representing, we may suppose, a mere 20% of that country’s population! Would anyone take such a amendment seriously, or feel that it should have the status of a fundamental law superior to ordinary legislation? (more…)