This piece was reprinted by OpEd News with permission or license. It may not be reproduced in any form without permission or license from the source.
At the same time, legal procedures and laws aren't absolute. Times change, and so do they. Doing so should strengthen democracy, not compromise it. Denying judicial access is dangerously unreasonable.
Privatizing judicial authority compromises basic rights. Mandatory arbitration undermines its intended purpose. Strict regulations, ethics standards, and a supervisory system govern judges.
The arbitrator selection process is lax by comparison. No restrictions are placed on political activity, private practice, income, or other activities potentially compromising their independence. Arbitrators can live double lives.
MA bill provisions include operating according to substantive law and evidentiary rules. However, arbitrators won't be bound by judicial procedures and some Arbitration Law mandates.
Arbitrators will be able to make up his or her own rules and operate virtually ad hoc. Moreover, qualified jurists may be shut out. Only persons who've practiced law are eligible. Judges, law professors, and others with legal expertise won't qualify without this credential.
In addition, the bill greatly empowers Israel's justice minister. He alone may determine who's qualified for appointment. Selection standards should be no different than for judges. No one person should have sole authority.
On September 5, the Jerusalem Post headlined "Supreme Court President stops Neeman arbitration reform," saying:
Israel's High Court of Justice President Asher Grunis strongly opposes Israel's MA bill. As a result, the Knesset Constitution, Law and Justice Committee asked Neeman to respond.
Next Page 1 | 2 | 3 | 4 | 5 | 6
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
