14 Fkidif:Diceinbee 9, 1977 THE DETROIT JEWISH NEWS

Bible Guides Israeli Botanist

By JOEL EPSTEIN

NEOT KEDUMIM,
Israel—The biblical patri-
archs, the world's first eco-
logists, counted their wealth
with carob seeds and air-
conditioned their tents with

tamarisk trees, so says nat-
uralist-historian Helen
Frenkley, who, with other
modern-day ecologists, is
growing a living replica of
the Bible's landscape in a
forest halfway between Tel

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Aviv and Jerusalem.
At Neot Kedumim, or
"The Gardens of Israel, -
grow those exotic plants
people have read about in
the Bible but have never
seen—balm and ladanum,
hyssop and myrtle. The gar-
dens are still being planted
and probably won't be open
to the public for several
years, but already they are
a focus of interest for Jews
and for Christian scholars.
"The Bible is a chronicle
of the Jews' love and care
for the land of Israel," said
Miss Frenkley, director of
Neot Kedumim. For her,
the Old Testament is not
only a book of morality and
history, but also a practical
guide on how to plant a field
or build a terrace.
"Here we are growing a
vineyard exactly according
to the instructions given by
the prophet Isaiah," she
says, standiug on a hilltop in
the 400-acre gardens. "We
plant the cuttings, then
spread the ground with
small prickly bushes to keep
the gazelles from eating
them. Down the hill you see
the thorns which Isaiah said
could overgrow and kill the
vineyard."
Miss Frenkley, 34, knew
nothing of agriculture when
she first came to Israel
from Washington, D.C. in
1969. "A friend of mine
introduced me to an Israeli
who muttered something
about growing 'Jewish flow-
ers'. It sounded crazy, but
when I came here I had
nothing to -do, so I thought I
Would help out. That was 8
1 /2 years ago."
Since then she had
become an expert in biblical
ecology and in plant lore
and symbolism of the Old
Testament.

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Volume Explains Role Played
by the Supreme Court of Israel

By ALLEN A. WARSEN

Yaacov S. Zemach's "Po-
litical Questions in the
Courts," subtitled "A Judi-
cial Function in Democrac-
ies Israel and the United
States" (Wayne State Uni-
versity Press) is a welcome
addition to the growing lit-
erature on Israel.
It consists of an in-
troduction. and epilogue,
and four parts divided into
eight chapters.
Its aim is to examine and
interpret Israeli con-
stitutional problems and
matters involving justiciabi-
lity which the author defines
as follows: "The essence of
the justiciability (or non-
justiciability ) doctrine is
that there are matters —
usually designated as 'politi
cal' — in which ... the Court
would abstain from adjudi-
cation."
It is well to remember
that though Israel's legal
system has evolved from
the laws enacted under the
British Mandate, Israel,
nevertheless, "is gradually
creating a new legal sys-
tem, based on original stat-
utes conforming more close-
ly to the national spirit and
needs."
It is worthy of note that
Israel's Supreme Court, es-
tablished by an act of the
legislature, bases its deci-
sions on the Israeli Declara-
tion of Independence, "the
people's vision and its
credo"; the nation's Basic
Laws consisting of statutes
dealing with constitutional
questions; and its decisions
which it considers as prece-
dents.
Israel, it should be point-
ed out, does not have a
written constitution, a bill of
rights, nor a system of
checks and balances. Its
parliament, the Knesset, is
the nation's supreme gov-
ernmental body. The other
departments (branches) are
subordinate to it.
The powers of the Knes-
set, moreover, are unlimit-
ed. As viewed by the Court,
the laws enacted by the
Knesset "embody the will of
the people."
Consequently, the Israeli
Supreme Court does not
have the power to review
laws passed by the Knesset.
Conversely, the Knesset has
the power to annul court
decisions; and to repeal
laws it or a previous Knes-
set passed.
The Knesset, as one jurist
expressed it, -can give and
it can take away."
Furthermore, the Knesset
can remove the President
from office by a three-quar-
ter majority vote.
What then are the powers
of the President?
He is the titular head of
state. He "does not belong
to the legislative or execu-
tive branch. He stands out-
side their bounds, and con-
stitutes a separate
authority."
His powers include sign-

es,

unique place in the cultivat-
ing of our national in-

ing laws enacted by the
Knesset; appointing prime
ministers; accrediting dip-
lomatic representatives;
and signing treaties ratified
by the Knesset.
Does the Supreme Court
have the power to review
government (executive) ac-
tions?
Yes, only if they involve
civil rights, such as in-
justice, infringement of in-
dividual rights, arbil•
trariness, freedom of
speech and a_buse of power.
It has no judicial control
over foreign and inter-
national policies; and can-
not interfere with treaties
and matters of national
security.
It is important to keep in
mind that "self-preserva-
tion is a major concern of
Israel. Since its birth in
1948, the country has been in
a permanent emergency.
Her surrounding neighbors
have never recognized her
existence, and are trying in
every way ... to undermine
her independence." No won-
der the "Court stresses that
it should always be remem-
bered that Israel is a de-
mocracy in emergency."
Finally, what is the role of
the Court in a democracy?
As viewed by the author,
the Court is the voice of the
national conscience, and is
"commissioned to interpret
to us our own purposes, our
own meanings ... It holds a

Yaacov S. Zemach, lec-
turer in law at the Hebrew
University in Jerusalem,
has produced a scholarly
volume, elaborately docu-
mented with footnotes. bib-
liographical references,
glossary, and an extensi
index.

Love ye therefore the
stranger; for ye were stran-
gers in the land of Egypt.
—Deuteronomy

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