Former Supreme Court Judge Jacob Turkel: “This is not a plan to crush the judicial system”

Former Supreme Court Judge Jacob Turkel: “This is not a plan to crush the judicial system”

Turkle is not afraid and is not afraid. His 87 years, his extensive judicial experience and the series of senior positions he has held, allow him to say what is on his heart, even things that would not please some of his colleagues on the throne of justice. He believes that democracy seekers in Israel should not be worried at all: “We are not on the verge of crushing democracy, all the talk about it is nonsense, annoying background noises that have no dawn… Our democracy is solid. There is nothing to worry about.”

Regarding the reform of the judicial system, Turkel says: “It is always good to correct and improve and it is good to do it, but in my opinion it would be better to form a team or several teams that would sit and think about the things that should be fixed. Turn the justice system upside down – no. It is better to propose corrections than revolutions. The business This one has been going well for quite a few years, and the changes I support are not major. My mother, may God bless her, used to say that no dish turns out in the end the way they thought about it at the beginning.”

On the reason of reasonableness: “I have always had doubts about the use of this reasoning. It is too open and depends too much on the judge’s inclination, and it is indeed appropriate to reduce the reason of reasonableness, but I see no reason to eliminate it completely. I would expect them to give it a second thought. In law in general, areas that are not Demarcate them with clear boundaries, and leave too flexible a distance – it’s not healthy. On the other hand, you don’t need to cut everything with a knife. You need to be very careful.”

Regarding the superseding clause, he believes: “If the Knesset decided by a certain majority, I do not want to deny the Knesset the possibility to go back and review the law and decide differently with another majority. It cannot be a small majority but an actual majority. I have not determined for myself the framework in which I can say what majority, but it is important That the issue be settled. It is not always possible to look ahead and know what is changing in any case.”


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