Israel Matzav

Moshe Feiglin on the Route 443 decision and a Jewish constitution

In his weekly commentary, Jewish Leadership chairman Moshe Feiglin discusses the recent Supreme Court decision on opening Route 443 to 'Palestinian' traffic and the need for a Jewish constitution.

I don't understand why everybody is so upset. After all, immediately upon retiring from his position as Chief Justice of the High Court, Aharon Barak hurried to explain that he does not see Israel as a Jewish state, but rather, as a state of all its citizens. If that is so, how can we prevent Arabs from traveling on highway 443 on an ethnic basis? Furthermore, this distressing decision is not the first of its kind. What is the difference between highway 443 and road 557, where Meir Chai, may G-d avenge his blood, was recently murdered after the road was opened to Arab traffic? 443 is in the "occupied territories" and so is 557. Israelis travel on 443 and they travel on 557. If road 557 is opened to the Arabs of Shechem and Tul Karem even though it is clear that it will lead to the murder of Israelis, why is 443 any different?

From a purely judicial standpoint and according to the principles that Israel's courts have established, the High Court decision is logical and predictable. But let us admit the truth. The reason that the issue created such uproar is because, unlike road 557 that only endangers "settlers," highway 443 serves the illusion that the "Separation Fence" along its route provides the Israelis inside with a protected space. And then the High Court comes along and reminds all the Israelis traveling the modern highway between Tel Aviv and Jerusalem that they, too, are nothing more than "settlers."

If Justices Beinish and Fogelman had anticipated the public outrage with their decision, they may have decided otherwise. It seems that from the heights of their enlightened ivory tower, they do not really perceive the depth of disgust that the High Court has created in ever-widening spheres of the general public.

But even if public pressure would calm the enlightened gang down a bit, on an essential level, we would not have solved anything. The outrageous 443 decision is no more than the symptom of a deep, core disease that has no connection to particular justices. It is not Aharon Barak and it is not Dorit Beinish; it is the fact that despite our declaration of independence in 1948, we have continued to burden ourselves with the judicial system and ethics of the nations.

Sadly, Israel's courts endanger Jews today while vigilantly guarding the human rights of their enemies. This is the natural consequence of the fact that our judicial system is based on British and Turkish values – and certainly not on Jewish values.

Read the whole thing. It will give you something to think about for the rest of the day.

posted by Carl in Jerusalem @ 1:55 PM