"The law.. should surely be accessible at all times and to everyone."
-Franz Kafka
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The Unfair Cases of Israeli judiciary
-The -stripping in Israeli court.
-Author Boris Dobrovensky
-Here I would like to expose the
cases of Society Injustice and the role of Israeli judiciary.
The malpractice in public medicine
and -abusing -patient rights.
About right for inquest for deceased's family.
..the fake due process of law as allegedly fabricated by the Israeli judge, and much more...cases..cases.
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"-As the casuistry is stupid
-it couldn't set up wit;
-As the lie goes disclose,
-Will be a show of malice."
"Phrase from "The Captives".
The antic: Tit Maczyus Plavt.
(in my translation, Boris D.)
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Our THEME:
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-My jewish folk, Your leaders deceit you!
-They rules as in ghetto and declared as
though they invent a democratic system
-best in the world.
-Let's no suffer them with their lie !
-Here you can familiarize the "modern"
Israeli notions, -as "judicial activism",
"court's independence", "court's dominance";
-we would revise that.
-We will check these notions by real cases;
-it could seen a show of nature stripping.
-In advance democracy the parliament,
-as elected by the folk institute,
is the sovereign in the society.
-The court is a hand of the Law.
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-When You meet a liar in a
way, -Do not complain as if
caused a social tragedy.
-But as the rulers tells half
truth to their folk, -they
are causing a national crime.
-There is a danger!
-The personal observation
from Boris D.
-Who wishes to know the truth,
would understand me.
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Topics:
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There given fundation oppose
to "judicial activity".
There is discussing the verdicts
that hurts the civil rights ;
These wrong verdicts are
continued abuse citizens as You,
-not be indifferent!
-There is Parliament's authority
to abolish the wrong verdict !
It is the responsibility of each
Knesset Member to his country and his
voters to watch the Law, the equality
and Human Dignity of each citizen.
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The Human Rights affair, the Justice are
demands to -update -the Laws in order to
secure the Civil Rights and equality:
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-Social violence can not be one-sided!
"-as you sow, you shall mow!"
-so learns the popular wisdom."
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The source of Social violence and the boomerang effect
-There are many cases of abuse and violations towards a weak
citizen groups, caused by the collaboration of the government
and the court regarding the mutual guarantee in Israel.
-I am sure that a wrong behavior of our leadership is
causing the society and ethnic intolerance in the country;
Of course the proven of cruel realty should
convince the people of a need for a basis
community and judiciary changes in order to make
a better society with health social relations.
-Only after study the real cases, the laws and to
compare with casuistry texts of judgment, it could
understand and convince on the facts why our rulers
are resisting to critic of wrong "judicial activity"
and why they resist advance changes in our court.
The wretched coalition against "Russian" jews
-First, about a special kind of injustice turned
against the jewish immigrants from Russia.
-There were cases of committing suicide
because discrimination and abuse.
-In the show of wretched coalition against "Russian"
jews -I stress, that there has not were a only case
when the offender has been punished by court.
-The offenders always were acquitted, even though
they were caught getting bribed with money or sex;
-there were cases which ended with tragedy.
-Always found a judge that acquitted the offenders.
Acquittal of the offenders causes public instability
-Look, my old mother were killed by several learned
doctors in public hospital, but all our rulers with
our police with the "justice" system instead to
inquest (under law) the perfidy murder, they one
and all secured the -killers
( Return here with BACK button)
-My life was ravaged because intrigue and -hate
-The degenerate oligarchy build the system of social
terror in Israel by "political" judge nomination
system and by adventure notions "Judicial activism".
-Realty, in atmosphere of the lie and violence
-nobody from a repatriated new citizen can not to
prove the truth and(or) obtain justice and secure.
-Only because this realty in our court continue
the rampage of aggressive people.
-This time their hypocrisy casuistry sounds as:
-"judicial activism" give authority for judge
by the International Law for defending the human
rights of minority or weak people.. etc..
-But in real it is only adventure demagogy,
because everybody who can to read and to see,
-meet the facts of fabrication and manipulation
in court, wrong judgment after closed doors.
-In real the "judicial activity" is a trick
perception for justification the social rampage.
-Would You to seek, -you will not found here
science or philosophy basis.
-If I mistake, please show me( the science !).
-There were cull felony adventure attack against
the russian extraction group because russian
extraction brought here high intellect potential;
-it could in short future take the rule position.
-There is the source of tendentious and of hate:
-resisting others take a dignity social position.
-Please Read and see the facts of my witness, -My
life were annihilate during 24 years because the
tendentious, cannibal relation of judges.
-In my file brought all documents convince my
charity against the lawless felony behavior of
felony administration "Amidar" functionaries.
My charity is carefully writing in the Law;
-but the judges changed and fabricated
proceedings after session and write judgment
with preventing relation to evidences and Law.
-It was a collegial hooliganism, -no judgment.
-Do not seek here science or philosophy basis,
-There here cull felony adventure attack against
the russian extraction group because russian
extraction bring here high intellect potential;
could in short future take the rule position.
-There is the source of tendentious and of hate:
-resist they take the dignity social stand.
-The judges acts with cruel behavior and lie.
-All in justice closed by casuistry lie written
in proceedings and in judgment decision.
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"-as you sow, you shall mow!" -so learns the popular wisdom.
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-Sometime the violence returns and blows the violators
itself by a boomerang they thrown against other's.
- As it cases, as would were nominated a governmental
commission to inquest how it could cause with us ?!
Hoogh, -these "sacramental simplicity" !!??
"-as you sow, you shall mow!" |
The oligarchy mind as only they should be secured.
But on my opinion the killing any old lady in a
governmental clinic by several learned doctors
with they staff(-so were killed my mother),
-is more public danger corroborate with killing
a greatest person in the world by any individual.
-For me the cruel betrayal killing of my mother
and no reasonable killing of couple young Britain
jews by Israeli citizen is an indicator of the
society demoralization existing here.
I meet with this "moral" in all place where I go:
In medicine, in court, in governmental offices.
-The Social Justice and the reasonable are demands to
improve the Laws in order to secure the Civil Rights
as watching the equality rights of all citizens..etc.
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-The message regards the public interest:
The Boomerang's Law: -The boomerang comes back !!.
"-as you sow, you shall mow!"
-so learns a popular wisdom.
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-We should comment the wisdom:
-As you abuse the people, -you
shall mow the social violence!
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Sir Gabriel Bach, -his secret.
-The Honoree Judge Gabriel Bach were asked:
-Why do you wish no get a bodyguard as other judges?
-What your secret as you no afraid of revenge act
by criminal men that you punished as judge?
-What the secret as have you no enemies?!
Answered Gabriel Bach:
-It simply, -I love a people !
-Thank You, Sir Gabriel Bach ! -A long happy life for You!
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Click here for Topics
Part 2. -The wrong verdict should be annulled.
-Offence the Litigant Rights in the court!
The topics:
- What there wrong is in the verdict.
-The litigant's rights as condition of justice.
- The Law and the Judge's comment.
- The contra-arguments to verdict.
- The verdict does not consist with the facts.
- Our judiciary bereave the Law from the citizens.
- The Law and the Court should secure Human Rights.
- This verdict contradicts the other verdict
- This verdict contradicts the Law comments.
- The wrong verdict should be annulled.
- Proposal to improve Parliaments authority.
- Proposals for secure Civil Rights.
- The boomerang's Law;
2.1). The dilemma: -Record of proceedings.
-I discuss here some verdicts of Supreme Court
wich contradict the law, when they allow every
judge a free hand to select what would be
recorded in the proceedings of the trial
(under judge's subjective comprehension).
-I am sure that a wrong verdict creates an option
to cause abuse and damage to any citizen with no
necessity or logical explanation.
- But there is a public danger!
-Then the wrong verdict should be annulled.
The legislator has the authority to cancel it.
- We wish to discuss the verdict given
by sir M. Shamgar in crime appeal CrAp 220/83;
-both with a precedence verdict that was given
by sir M. Landoy, In a similar trial CrAp 862/81.
We will make experience to discuss here
-The main dilemma finding in wrong comments has
given before for the Procedural law and a about
judges authority, as it goes from reminded.
We wish show here as in these verdict has given
a wrong comments as if the legislator gives to
judge an authority to does selection -what will
be recorded in proceedings of a trial's session,
(total testimonies appropriate to this file).
In that case the litigants appealed to the Supreme
Court for disqualifying the judges from conducting
their trials because of wrong management the session
as specified; because the judge's refusal to record
in the proceedings the appellant's assertions and
proves, despite of the appellant's request.
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Dear citizen, Please PAY ATTENTION !!
- Please pay attention:
- This verdict, as precedence (as rule) for all
court continued cause a new victims(!),
-because here eliminated the basic litigant
rights in court that given in the law;
-it causes complication during the trial:
-unnecessarily injures the citizen's dignity
and causes the atmosphere intrust and illegal
relation in a trial's session.
- Because of a judge in each other court may
bristle on this wrong verdict as on the law.
- Attention! -This verdict threatens the
justice affair, damage Civil Rights of
citizen, permit terror in judgement, -it has
not a logically or legally based explanation.
-Absolutely opposes law and logic !!
Basically, the law secures the right of litigants so
that in proceedings, everything that has been read,
presented or occurred in trial, will be recorded.
The purpose of legislator to secure equivalent
rights of litigants; the post of judge existing
exactly for secure watching the equivalent rights.
He has not authority to revision the Law (as the
Procedural Law) or to less rights of litigants,
- We sow in these verdicts a tendency (experience)
to subtract or reduce the citizen's civil rights;
-it shows as a part of wish to take unbeaten power
for a judicial's and advocates society.
Now we will follow sir M. Shamgar's verdict
prescribes judges authority for selectively
record the hearing and polemic with a judge.
Below given the translation of this verdict as
it's recorded in the digital date for lawyers:
Every one can compare the "exhibit comment" of the
law given by the judge, -with the text of Law.
Click here for Topics
Let's check the verdict Together
There given the contra-arguments to verdict.
2.2) Here below are given the four important quotes
from sir Shamgar's verdict CrAp220/83:
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1.
"The trial..Before the chief's assistant M. Shamgar..
" -The appeal is against the district judge's
refusing the demand of the appellant to disqualify
himself from residing in the case of the charges
that were submitted against the appellant.
" -The appellant complained in his appeal
against a way the judge manages the trial;
-that displayed a wrong attitude, as mainly was
shown in wrong recording of the proceedings."
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2.
The chief's assistant M. Shamgar recorded in this trial:
.."The appellant complained that the
judge bared a wrong relation to him,
as detected in wrong management of
the proceedings. - The questions and
answers which are important for the
appellant are not recorded the way
they were in reality"
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The contra-arguments to the verdict.
The legislator explains in the next paragraph,
that the proceedings do not have to be written
by judge only (-in contrast with the comments
of our famous court's rulers men, as phrased.)
- But the Law allowed recording the proceedings:
"..by tape-recorder or by other technical writer,
or by a stenographer that would be nominated
by the CHIEF(!) of the Local COURT(!) "
(see paragraph 135 of mentioned law)
... other arguments will be added.
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3.
-The quote from verdict:
"..The crime trial Law(1982)...
-imposes on the court a responsibility
to manage a proceeding trustworthy,
- but it does not mean (!! B.D.),
that the judge is responsible for
writing all (!! B.D.) what was uttered
by the witness or the advocate.
- His responsibility is to manage
proceedings in a way that reflects
truthfully the running of the
trial that he manages."
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The Law's phrase
The proceedings managing.
- & 134.
-In the crime trial , proceedings
will be recorded that should show
all what had spoken and happened
there and regarding to the trial.
-it's all text of the Law !
-Pay Attention!:"..-should show all(!)
what had spoken and happened there".
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Click here for Topics
4.
In his verdict sir M. Shamgar mentioned paragraph
137 with given personal comment as though under
the law the right of a litigant limited in this
paragraph, as right to ask the judge to correct
text of the proceedings, and the judge's
authority to decide to correct the mistake
in proceedings, -all under of judge's wish.
( read in 3) quote higher).
Sir Shamgar agree that under the law(accordance
to paragraph 134) the proceedings has contain
the records validity regarding the all, exact
happenings during the session.
But sir Shamgar comment here as if the judge
has authority select what will be record here.
-See the way of a defective explaining the law:
-Simply! -The judge forget in his argumentation the
world "ALL" and the imperative stile of legislator!
-He argue as if legislator wrote the law for judges
opinion, -not for "subjective" wish of litigant.
Then sir Shamgar changed the law, -he comments
as though the proceedings will be recording
under subjective understanding of each judge.
Then de-facto in proceeding will be recording
no what realty happened in trial, as carefully
ordering in the law(!), but will be contain
what wish or understand a judge subjectively.
-So learn as the judges comments
It clear here, that the law give securing the
Rights of citizen, as he litigant in the trial,
with compare the verdict, as hurts the rights
of litigant in court and give the reason for
conflicts between judge with litigant, and
give the area for abuse the citizen.
Apart from other important complications, this
verdict is given option for whiten a felony.
It is a part of illustration the realty of the
"JUDICIAL ACTIVITY" and who its father.
---- end citation from verdict----
-Attention: -Above you see a quote from official text
of the Supreme Court verduct given by sir M. Shamgar.
- file index CrimeAp 220/83
2.3) Below is given The contra-arguments.
Attention: -would you research basically, you will
not found any logical justification of these verdict.
-There are several question-comments to problematic verdict's.
( After these points will be a polemical intervene).
About using the &137 paragraph in these verdict:
- -But can the real litigant remember each word
spoken during the session??! (of course not!)
-Then the 137 paragraph has other purpose.
- The 137 paragraph is used only as possibility for
correcting the proceedings from technical mistakes
if caused; it needed for obtaining an exact date,
-not for polemic with judge of his selection right.
- -But it's surprising why our judge gave comment for
137 paragraph, although in paragraphs 135 and 136,
where the law carefully comments how the
proceedings in a criminal trial must be written.
What is prescribe in the quest?!
- -Please pay attention that the first three
paragraphs: 134. 135 and 136 are phrased in an
imperative style, as directions for the court!
-These paragraphs consist the carefully comments for itself.
- -There is no sign in the written law as though the
legislator has given the judge an authority to
select what would be recorded in the proceedings !
-These paragraphs contain the carefully comments.
- -There is a good reason why the legislator(as
objective notion) did not give the local judge
the authority to decide about a stenographer
could used in the session(!).
( see the -135 paragraph of Procedural Crime Law ).
- In our quest the function of a judge (as his
authority and responsibility), -is to insure the
proceedings are registered exactly, all that has
been spoken and presented in a trial session,
including the ability to correct mistake, if
there are any and if was asked(under & 137).
- -But as carefully explained in these paragraphs:
-The record should be fully balanced and exact.
-The Emperor-Law -so ordered for One and All.
- -Hence considering the arguments mentioned here,
referencing of paragraph 137 in verdict was irrelevant.
- Then the verdict with its arguments are wronging.
- You saw in all arguments as the verdict have
not a logical justification, -only negative.
- ( Below we will add -arguments to this list)
The verdict that learns any judge to hurt the
Law, is lawlessness, - it should be annulled !
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We are interested here only for understanding the prime
verdict given by these judges that exist as precedence
rule for all other judges in our court, legally.
Warning! -Up to the verdict not canceled it will
damage new victims, -do not forget it !!
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We begin our study of a genuine verdict of Sir M. Shamgar
and compare his text with the text of the written law.
The text of the law seen above is straight forward:
There can be no other commentary:
- It's written in imperative stile(!!)
- The Law teaches the court that in the proceedings
of a crime trial everything has to be written,
regarding what happened and spoken in the session.
Every homo sapiens understands that if the
proceedings were recorded truthfully and all what
happen in the trial session, then it gives option for
an appeal and discussion about the judges decision.
But If the judge did not record the argumentation, or
made a wrong record, that could cause a wrong judgment.
-On the other hand the judge can prevent appealing
against his wrong decision because the judge had
not written, during the proceedings, evidence,
that must be obtained in the lower court grade.
-It's not possible to remember all occurrences
during the trial and what is recorded with mistakes
and what is not recorded at all. -Is it understood?!
Look, -there is the source of the dilemma:
-We have a good law that was born in UK legacy,
(more exactly the thousands years old Rome law).
-But our judges wish to make a law on their own;
Then the judges use a false comments and so
eliminate the good law that half the world uses.
In fact the law does not give the judge
the free hand to select what would be written
in the proceedings of trials sessions.
I am sure that the false interpretation of the law
by several judges damage the justice in the court and
in the country and caused a society demoralization.
These wrong interpretations can cause an anarchistic
behavior and bring corruption in the court system.
If it is possible to place a verdict not
according to the law then there always will
be a danger to any citizen of being a victim
of subjective thinking or wish of any judge.
-It is logical?! -But It's an element of anarchy.
- It is clear that some judges make wrong
verdicts and thus are breaking the exact law.
These judges explain their perception as if the
legislator has written the law for court, then as if
the legislator has given the authority to the judge
to select what would be recorded in the proceedings.
My arguments against this casuistry:
-I found in verdicts of other judges of the same
level of reputation and maybe the same judges
wrote opportunity argumentation in other cases.
Now I wish to show to my opponents that not only
the logical understanding of the law explains
clearly whom is the responsibility of recording
the proceedings, but transcriptions the verdicts
in relevant cases explain as we are right.
I only wish to remind to our grot Lawyers
that they mistakenly interpret the law.
It go wrong with the judiciary commentary
to laws given in the law commentary and in
oppose with relevant court verdicts.
The comment has in the law is prefer of
the judges comments.
The law is writing for one and all, equality.
The judges busy to fulfil the law as it given.
Click here -for Next.
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- The official commentary says:
-if it is written in the law "permits" then the
legislator meant "mandatory to be executed".
-If the law gave an authority, then the legislator
meant that as a responsibility for action.
(soon the source will be added)
- We have add verdicts there given comments:
- if in the law gives any privilege for citizen,
could no be any agreement eliminates this rights.
In other transcription:
If the law secure the rights of litigants about
record the proceedings in trial, then could not
be transcription damage or eliminate these rights.
Then the two verdicts that has been analyzed ,
- They are lawless.
(soon the source will be added)
Sir Shamgar and other Sires!
It is very clearly, that the community believe
you act according to the law but no expected
for given a false commentary for the same law.
-Paragraph 134 of the procedural law says
absolutely exactly, total and logically that
everything in the proceeding must be recorded,
what was done and read in the court session.
-So it should be. The judge of the trial is
responsible for the fulfillment of the law as
it is written, and not as in your verdict.
- The community believe you watch the law,
-that means also that in the proceedings everything
that is done or read or presented must be recorded.
It cannot be erased in focus-pocus in the court room.
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" -as you sow, you shall mow!"
-learns us the popular wisdom.
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-I wish to show our readers yet a one nuance
discovered me in the precedent verdict:
-In my experience in the courts I noticed that
the judges of the highest grade usually write,
in verdicts, facts from proceedings for
explaining their decision to reject an appeal.
I am sorry that sir Shamgar did not mention in
his verdict(while suspended this complaint),
-what exactly the judge of the criminal
trial did not wrote in the proceedings.
-I am sure that really the appellant explained in his
appeal the thinks that the judge did not record the
proceedings(accurately as I explained in my appeal)
-Of course, the appellant brought wrote the actual
evidence to convince the Supreme Court of his
justice ( as I did in my appeal in other time! ).
Sir Shamgar rejected this complaint against the judge.
-But in this case of sir Shamgar's verdict (as by
sir M. Landoy in his verdict), - in spite of the
general rules -the evidence are not mentioned.
- Then the justice is not seen in this verdict.
Excuse me for being suspicious.
- Are You Surprised as I ?!??!?!.. ??.. ?!!!
- So caused me in all trials happened me !
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I have been forced to shorten my argumentation:
From all the facts and arguments presented, it is
clearly seen that the wrong manage of proceedings
is likely to hurt the citizen as a litigant in the
court because of too many reasons, as explained.
This verdict is wrong as gives the judge the power
not to observe the law when recording proceedings,
-to damage the litigant's possibility to prove
his claims and do his task; - then in one time
1) -it contradicts the Procedural Law ( ordered
the manage as condition for secure a justice trial),
2) -it damage the basis Law of Human Dignity
and abuse the citizen.
3) -The wrong verdict has anti-scientific comment
as though the legislator give doing the law for
judge opinion, turns the court as tools of terror.
4) -So the judges army try to take more power in
country, instead the power of a voted parliament.
-Realty they does no Law, and no Justice, they
judgment under needs of corrupted oligarchy.
-Here is the source of their power.
They does all What they wish, with cynicism.
legislator ordered judge do the law, but no do as
he understand, but according the Law, as writing.
Real these verdicts caused experience reducing
litigant's rights, given in procedural law;
-on the other hand they reduce the judge's
responsibility to manage the proceedings.
The verdict is hardly be logically understood.
-It contradicts the basic Law of human dignity.
-It is one from much experiences of interesting
groups to growing the power of Court against
the Rule of Law.
-There is the danger for democracy.
The verdict as written and explained in verdicts
862/81 given by judge M. Landoy and in the
verdict of Sir M. Shamgar in the trial YP 220/83
in the parts where it is written about recording
proceedings in the court may be cancelled.
======== ========== ========
Dear reader, this moment I do not know more about
this criminal trial and about his crime litigants.
I study these verdicts when I prepared to defend
oneself against judge's provocative charge me.
I showed here the wronging the procedural rights
of a litigants in our court with abuse him and
raised to my folk the needs to improve and secure
the Civil Rights for all citizens in Israel.
I am sure with basis on history of judiciary, as
it could not be court independent from parliament!
- The parliament as the democratic elected
organ should have the authority to abolish
verdicts of the court as well, as exist
any verdict contradicts the law.
- Then on the basis of personal experience and
suffering I suggest the proposal for improve the
justice affair in my country as it writing below.
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- My proposal is to edict laws, needs for
improve secure Human Rights and the citizen's
Dignity as it is directed in the law:
Must be watching the legislator's authority to
check any complaint against precedence verdict
which contradicts the law or the Civil Rights.
The parliament is authorize!
- Parliament is a sovereign have the authority
to abolish any verdict of the court as well, as
the verdict opposes the law or Civil Rights.
- The parliament have discuss and decide about
verdict in cases as explained above -in his session
by presence of no less than 80 parliament's members.
-If the verdict is found wrong, it needs the
majority of 70% of the members for it's abolishing.
- If the verdict is annulled by parliament (knesset)
it would be forbidden to be used as a precedence
verdict in any court. The trial case concerning
the wrong verdict can be submitted for a re-trial.
- -I propose do the proceedings record by any
independence advanced writing system, then the
judge should be free from writing the proceedings.
Other proposals for improving secure Civil
Rights and the Law see in my -URL address:
I am sure the parliament as a democratically
elected organ should have the authority to hold
control on securing the Law and the watching Civil
Rights for each citizen if his civil Rights was
damaged in court and not found other solution.
The parliament have authority to abolish any
verdict given by court as well, as the verdict
opposes the law or Civil Rights.
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" -as you sow, you shall mow!"
-so tell popular words of wisdom.
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My address: -
Boris Dobrovensky,
Harotem 49 apt 35, Haifa 35843, Israel;
phone: (972) 4 852 2270.;
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-Social violence in Israel. Mrs Judiciary.
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