A Quote by Ayelet Shaked
The justice system is a foundation of our existence as a democratic society. I will not be the one to soften its bite. But I will also not allow it to eat away at the legal authority of the legislative and executive branches. We must find the formula for the right balance between the branches.
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Under our system of three branches of government, the courts ultimately are the checks on the legislative and executive branches when they exceed or even abuse the limits of their power.
The court's authority must be clear, and it must not blatantly intervene in the decisions of the legislative and executive branches.
We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
In our system of government, the judicial and legislative branches have different roles. Judges are not politicians. Judges must decide cases, not champion causes. Judges must settle legal disputes, not pursue agendas. Judges must interpret and apply the law, not make the law.
It is possible that the digital world may change the need for physical branches. We will continue to add branches incrementally, but we will reach a point - whether it is 1,500, 1,800 or 2,000 branches - where we will say enough is enough.
What's brilliant about the United States system of government is separation of power. Not only the executive, legislative, judicial branches, but also the independence of the military from civilians, an independent media and press, an independent central bank.
The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that.
With regard to the learned professions, little need be observed; they truly form no distinct interest in society . . . [discussing the landed, merchant, and learned classes in legislative assembly]. Will not the man of the learned profession, who will feel a neutrality to the rivalships between the different branches of industry, be likely to prove an impartial arbiter between them, ready to promote either, so far as it shall appear to him conducive to the general interests of society?
By Congress delegating its authority to the executive and judicial branches, we've removed the American people from the process. They're left as bystanders to the whims of executive overreach, and they're watching the country they know and love slip away. Worse, they think their representatives are powerless to stop it.
In republican government the legislative authority necessarily predominates. The remedy for this . . . is to divide the legislature into different branches; and to render them by different modes of election, and different principles of action, as little connected with each other as the nature of their common functions, and their common dependence on the society, will admit.
Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches.
The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.
Good union leaders make excellent public leaders in the legislative and executive branches.
It is the union of independence and dependence of these branches - legislative, executive and judicial - and of the governmental functions possessed by each of them, that constitutes the marvellous genius of this unrivalled document.
While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
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