INTO THE FRAY: Amona-A strategic defeat for Zionism
By MARTIN SHERMAN
The impending destruction of the Jewish community of Amona reflect failure of political will and ideo-intellectual bankruptcy of the elected government rather, than the inevitable culmination of a legal battle.
To lose our country by a scrupulous adherence to the written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means. – Thomas Jefferson, September 20, 1810
In Israel, the negative impact of the judicialization of politics on the Supreme Court’s legitimacy is already beginning to show its mark. Over the past decade, the public image of the Supreme Court as an autonomous and impartial arbiter has been increasingly eroded as political representatives of minority groups have come to realize that political arrangements and public policies agreed upon in majoritarian decision-making arenas are likely to be reviewed by an often hostile Supreme Court. As a result, the court and its judges are increasingly viewed by a considerable portion of the Israeli public as pushing forward their own political agenda… – Prof. Ran Hirschl,Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, Harvard University Press, 2004.
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