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the prevailing legal situation in the country. The prevailing situation may be in need of
repair, in some or other respect, and a movement seeking to organize public opinion in
the state towards repairing the situation, may do so within the framework of a legally-
registered association." Nevertheless, "no free regime can lend its hand and conscience
to a movement that subverts the very regime itself." Therefore, the ruling supported the
disqualification of the list, which had dedicated itself not to repair of the existing situation
in the country, but rather to its destruction, with the establishment of a Palestinian state
upon its ruins.
Justice Zussman concurred with the President, explaining that a judge must sometimes
rule in accordance with legal principles that are not to be found in the law books, but
nevertheless take precedence even over a state's founding constitution – especially in a
state like ours, which lacks a written constitution. (As to the legal status and validity of
the Scroll of Independence, and the fact that our state lacks a written Constitution – I will
address this matter in detail. But this does not affect the issue in question in any way.)
Judge Zussman compared the situation of the state to that of a regular person, and
made the following astute observation: "Just as a person is not obliged to agree to be killed,
so a state is not obliged to agree to be destroyed and wiped off the map." Therefore, the
state's justices, as well as "any other state body, need not serve as a tool in the hands of
those who have made their aim the destruction of the state […]."
In general, we can say wholeheartedly and without reservation that the state
implemented – and usually maintains in practice – the fundamental principles declared
in the Scroll of Independence. When it comes to, for instance, the principle of equal
rights, attention should be paid to the fact that this means equality of social and political
rights only. Equality in everything does not exist, nor is such a situation possible. But
to a certain degree we are an egalitarian society, as someone once said: "Every Jew is a
king – or, at least, a prince." When a certain group enjoys salary benefits, everyone else
wakes up and demands the same benefits for themselves – and ultimately they also receive
them, to a considerable degree. Everyone rushes to associate themselves with people who
enjoy special benefits. For example, when the engineers in the public service, and other
public servants with academic degrees, received a wage increase for academic study, at the
recommendation of an expert committee, all other public sector employees – regardless of
seniority and whether or not they were in possession of an academic degree – received an
appropriate increase of their own. Nevertheless, our state is very far – and drifting further
and further – from true personal, social and economic equality. People are born equal,
but by nature they are not equal in their physical and mental abilities, and therefore – and
not only for this reason – aspirations, endeavors, and achievements in life also differ from
one person to the next. Officially, we have no social discrimination; there is no taboo on
anyone for reasons of their social origins. Nevertheless, in daily life, by nature of things,
there are social, ethnic and personal divisions. There are rich people and poor people;
some succeed while others fail; some progress while others fall behind; some are educated
while others are uneducated; some are upright and honest while others are crooks and
244 The Friday That Changed Destiny
repair, in some or other respect, and a movement seeking to organize public opinion in
the state towards repairing the situation, may do so within the framework of a legally-
registered association." Nevertheless, "no free regime can lend its hand and conscience
to a movement that subverts the very regime itself." Therefore, the ruling supported the
disqualification of the list, which had dedicated itself not to repair of the existing situation
in the country, but rather to its destruction, with the establishment of a Palestinian state
upon its ruins.
Justice Zussman concurred with the President, explaining that a judge must sometimes
rule in accordance with legal principles that are not to be found in the law books, but
nevertheless take precedence even over a state's founding constitution – especially in a
state like ours, which lacks a written constitution. (As to the legal status and validity of
the Scroll of Independence, and the fact that our state lacks a written Constitution – I will
address this matter in detail. But this does not affect the issue in question in any way.)
Judge Zussman compared the situation of the state to that of a regular person, and
made the following astute observation: "Just as a person is not obliged to agree to be killed,
so a state is not obliged to agree to be destroyed and wiped off the map." Therefore, the
state's justices, as well as "any other state body, need not serve as a tool in the hands of
those who have made their aim the destruction of the state […]."
In general, we can say wholeheartedly and without reservation that the state
implemented – and usually maintains in practice – the fundamental principles declared
in the Scroll of Independence. When it comes to, for instance, the principle of equal
rights, attention should be paid to the fact that this means equality of social and political
rights only. Equality in everything does not exist, nor is such a situation possible. But
to a certain degree we are an egalitarian society, as someone once said: "Every Jew is a
king – or, at least, a prince." When a certain group enjoys salary benefits, everyone else
wakes up and demands the same benefits for themselves – and ultimately they also receive
them, to a considerable degree. Everyone rushes to associate themselves with people who
enjoy special benefits. For example, when the engineers in the public service, and other
public servants with academic degrees, received a wage increase for academic study, at the
recommendation of an expert committee, all other public sector employees – regardless of
seniority and whether or not they were in possession of an academic degree – received an
appropriate increase of their own. Nevertheless, our state is very far – and drifting further
and further – from true personal, social and economic equality. People are born equal,
but by nature they are not equal in their physical and mental abilities, and therefore – and
not only for this reason – aspirations, endeavors, and achievements in life also differ from
one person to the next. Officially, we have no social discrimination; there is no taboo on
anyone for reasons of their social origins. Nevertheless, in daily life, by nature of things,
there are social, ethnic and personal divisions. There are rich people and poor people;
some succeed while others fail; some progress while others fall behind; some are educated
while others are uneducated; some are upright and honest while others are crooks and
244 The Friday That Changed Destiny
