Thursday, December 10, 2009

But Aren't Politics Subservient to Law?

The State Attorney's Office on Thursday submitted a request to the High Court of Justice asking it to delay acting on petitions submitted by settler organizations against the 10-month construction moratorium. The state is demanding that the court not intercede in a government decision, as such a decision is political in nature.

The state's legal representatives also requested from the High Court of Justice to refrain from ordering an interim injunction that would temporarily reverse the freeze order, while the court deliberates over the submitted petitions. Such a move, the state contends, would cause "enormous political damage" to Israel.


The State filed a High Court rebuttal to a petition by the Legal Forum for the Land of Israel against the government's decision to order a temporary settlement freeze.

The brief claimed that both the National Security Cabinet and the sector's military command hold the authority to execute the decision, and that "political sensitivities" prevented the government from informing the public of its decision ahead of time.


This is even clearer:

The state's key claim was that the building moratorium was a matter of government diplomatic policy.

"The aim," wrote the state's representative, attorney Hani Ofek, "is the desire to encourage the renewal of the diplomatic negotiations between Israel and the Palestinian Authority and to make clear the readiness and commitment of the Israeli government to the peace process based on the perspective of all of Israel's national interests and in view of the negotiations with the American administration, in the hope that we can put an end to the conflict and achieve a stable peace accord."


Attorney Yossi Fuchs, who represents The Legal Forum for the Land of Israel in the first petition, called the state's arguments "callous," asserting, "They defend the tyranny of the government, which used obscure and draconian provisions that are appropriate in time of war but not for civil life."

1 comment:

muebles said...

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