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Israeli judges endanger the state, says Prof. Norman Bailey

Israeli judges endanger the state
The High Court decision on illegal immigrants usurps the Knesset and threatens Israel’s security.

The last time Israel was ruled by judges was two and half millennia ago. Apparently that form of governance has now returned. The Israeli High Court of Justice has delivered a heavy blow to the national security of the Jewish state, Israeli democracy, and the Rule of Law.

By majority vote, the High Court struck down an amendment to the immigration law of 1954 giving the state the right to hold undocumented immigrants in open detention for up to two years while determining their ultimate disposition. The Knesset had revised an earlier amendment also struck down by the court, which had authorized a longer period of detention. The court based its judgment on general humanitarian and human rights principles, not on claims that “higher law” or precedent were violated by the amendment.

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