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Constitutionalism becomes a reality to the extent that these rules restrict arbitrariness and discretion and are actually respected by those with political power , and to the extent that there is significant space for personal freedom to be exercised in restricted areas ……
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The idea of constitutionalism presupposes that the exercise of state power should be limited by rules – rules that prescribe the procedure under which acts of legislative and Executive power should be carried out , and establish the permissible limits of their content ……
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The competence , independence , and impartiality of the judiciary are essential for the courts to fulfill their role in upholding constitutionalism and the rule of law ……
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Everyone has the right to have his case heard , with appropriate guarantees and within a reasonable period of time , before a competent , independent and impartial court convened in advance by law to substantiate any criminal charge brought against him ……
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Currently , many of the States that adhere to the dualistic theory consider the recognition and observance of fundamental human rights and freedoms as a mandatory requirement or as influencing the establishment and expression of norms of domestic law .……
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In countries that prefer a dualistic theory , international law and domestic law are seen as two separate systems of law that regulate different subjects ……
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In countries that adhere to the monistic theory , the rules of international and domestic law on the same issue operate in parallel , and in the event of a conflict between them, international law prevails - For example Kashrut ………
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Rights within the domestic legal system are usually determined by domestic law . Consequently, different rules apply in different jurisdictions ……
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He who does not allow the mind to wander among the objects of pleasure can conquer it . Just as the man who is chained to a post cannot move away from it, so the mind of a noble man does not move away from reality . He reaches the highest state of permanent Yehud - Yehud Tadir …… (Batishteha 103)
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It is only through his thoughts that he finds a nationality , and enjoys or suffers from pleasure and pain – and all this is within himself , as oil is within a seed …… (Batishteha 102)
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Indeed , only the mind , because of repeated thoughts , thinks that it is born , that it is dying ; and though it has no form , it thinks that it is an individual consciousness with a form , etc.…… (Batishteha 102)
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Only from the point of view of a fool are the body and mind considered completely different ; in fact, they are not different and are only the mind . Greetings to those sages who have truly realized this truth … (Batishteha 102)
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A sage who has realized this does not worry even if his body is embraced by a woman – for him it is the same as if a piece of wood touches his body . Even if his hands were cut off, he wouldn't feel it. He is able to transform all suffering into bliss … (Batishteha 102)
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If the mind is wandering , you don't even feel the taste of the food you eat . If the mind is "not here", even what is right in front of your eyes is not visible. The senses are born of the mind , not the other way around …… (Batishteha 102)
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The mind itself manifests as the wind in moving elements , as light in luminous elements, as hardness in the earth, and as emptiness in space…… (Batishteha 102)
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What could be more mysterious than the ability of the mind to shut itself off from the omnipresent , pure , eternal , and infinite consciousness , forcing itself to confuse consciousness with this inert physical body ?…… (Batishteha 102)
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Mind is the whole world , mind is the atmosphere , mind is the sky , mind is the earth , mind is the wind , and mind is great . A fool is only called one whose mind is stupid – one body without intelligence (for example, after death) is not called a fool !… (Batishteha 102)
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The body is inert and unconscious . You can't say that the mind is inert , but you can't say that it is intelligent . What is done by the mind is action . What the mind has renounced is called renunciation …… (Batishteha 102)
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An impure mind loaded with hidden tendencies is the cause of delusions . A person should try to uproot and throw away such things . What is man but his own mind ?…… (Batishteha 102)
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An impure mind sees a Ghost where there is only a pillar , and spoils all relationships by sowing suspicion among friends and making them enemies , just as a drunk sees the world revolve around him. A suffering mind turns food into poison and causes illness and death …… (Batishteha 102)
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Oppression of the body and other such practices will not help in any way . When the mind is cleansed of its past by wisdom , it abandons its past tendencies . The mind seeks the higher “ I ” only in order to dissolve in it . Indeed, this is the essence of reason . This is the goal … (Batishteha 98)
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This stupid self-limiting tendency of the mind sees the infinite as finite . But as the sun dispels the fog, the study of the nature of the higher self dispels this ignorant self-limiting tendency . In fact, the very desire to explore can change a lot…… (Batishteha 98)
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Only the fool thinks that the indestructible is destructible , and is deceived . Egoism is only an incorrect idea based on an incorrect Association of oneself with the physical elements . There is really only one infinite conciousness in everything , so how does egoism arise ?…… (Batishteha 97)
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Every person , in order to determine his rights and obligations and to establish the validity of the criminal charge brought against him , has the right , on the basis of full equality , to have his case heard in a transparent and fair manner by an independent and impartial court !!!
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The norms of judicial ethics are of crucial importance . Judges must not only follow objective criteria of impartiality but also demonstrate their compliance ; in a democratic society , the trust that defendants must have in the courts is key ……
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The public generally perceives the judiciary as corrupt , with particularly grave consequences : distrust of justice truly poisons democracy and development and perpetuates corruption ……
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By recognizing and ensuring that judges adhere to approved standards of conduct , the judiciary can take an important step to earn and maintain respect from society !!!…
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The need to adopt generally accepted standards of judicial conduct that are consistent with the principle of judicial independence and that can be respected and ultimately enforced by national judicial authorities without interference from the Executive and legislative branches !
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The principle of accountability requires that national judicial authorities play an active role in strengthening judicial integrity through systematic reforms in accordance with the competence and capacity of the judiciary ……
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Humanity needs to develop a concept of judicial accountability that complements the principle of judicial independence and thereby increases confidence in the rule of law !!!……
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It should be noted that the highest standards of morality and integrity of judges are proclaimed as mandatory norms in absolutely all traditional legal systems , as well as in all the world's great religions !!!……
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But all this is nothing but the power of the absolute Ein Sof – Atzmut . This is the power of destruction and the power that causes euphoria ; in the warrior , it is courage , it is the power that initiates creation and the same power that leads to the destruction of the universe …… (Batishteha 95)
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The absolute Ein Sof is all-powerful : and there is nothing outside of it . It is his own power or energy that permeates all beings and objects . In embodied beings, this is the power of consciousness or intelligence …… (Batishteha 95)
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For the unenlightened , the mind is the cause of a recurring story – gilgulim . When we use dual concepts , it is only to facilitate learning – in fact , separation is unrealistic ……… (Batishteha 95)
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The individualized consciousness has arisen in the Supreme being : it is different and not different from infinite consciousness , just as the wave is different and not different from the ocean. For the enlightened One , the mind is the absolute Or Tsah and nothing else …… (Batishteha 95)
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Scientific principles of judicial conduct are seen as a document that can be accepted unconditionally by all judicial bodies and legal systems . In other words, these principles reflect the highest traditions of the judicial system that all cultures and legal systems adhere to ……
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The global judicial system appears to be a one-of-a-kind pillar of the rule of law around the world . Therefore, ensuring the integrity of the global judicial system is a task that requires a lot of effort , knowledge , and experience ………
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There is no doubt that an honest and incorruptible judicial system is the Foundation of democracy and the rule of law . Even if all other protection mechanisms do not work , the judicial system serves as a bulwark for society , which is designed to protect it from any encroachment …
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When a person who has attained the truth retains it for a long time and continues to practice it persistently , he no longer suffers . An out-of-control mind is a source of misery , but when its nature is understood , misery disappears like dew in the sun …… (Batishteha 95)
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The mind itself increases these miseries and sufferings and makes them go around in circles all the time . By his own whims and desires , thoughts and hopes , he binds himself and deprives him of freedom . When something happens , he is desperate and does not find a place for himself …… (Batishteha 95)
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Look at this game of stupidity and misunderstanding ! It forces you to harm yourself of your own free will and makes you rush to and fro in a mad panic . Although the light of knowledge shines in every heart , everyone wanders this world guided by their own tendencies …… (Batishteha 95)
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But when such a refusal arises from the fullness of understanding , from the wisdom born from the knowledge of the nature of reason , then the refusal leads to the highest bliss . Such a mind will look at its own past attempts to achieve happiness and enjoyment with wonder …… (Batishteha 95)
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Even when the light of knowledge shines on the life of an erring mind , it rejects it out of stupidity , considering this wisdom its enemy . Then he cries and sobs in prostration …… (Batishteha 95)
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Sometimes he experiences a kind of awakening , and then he renounces worldly pleasures without proper understanding – and this renunciation itself becomes a huge source of pain and frustration …… (Batishteha 95)
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The paradox of this situation is that any other subject can demand a court decision without recognizing the opinion of the Prosecutor General the final legal verdict , while the government must submit to the Court its legal Advisor ………
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Sometimes this means that the government does not have its own lawyer to handle certain issues in court , as is the case if the legal adviser finds the government's position legally untenable ………
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The problem is that ensuring the rule of law is a more important function of the legal adviser to the government than serving the " client "………
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Technically " the chief Prosecutor is another person - the state Prosecutor . Thus, there is a certain ambiguity in the activities of the government's legal adviser ………
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On the one hand , he is a state consultant , on the other – he is responsible for compliance with the law by everyone , including his own " client ", even to the detriment of the latter's interests ………
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The legal adviser to the government is the highest head of the public Prosecutor's office in Israel , that is, the Prosecutor General !!!
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Before appointing , the Head of government conducts appropriate consultations with representatives of political parties , his Ministers and heads of law enforcement agencies . When a candidate is accepted by a majority of the parties , the Prime Minister makes the appointment …
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The Minister of justice writes an opinion for the Head of government on the candidacy of the future legal adviser to the government. In any case, it should be a brilliant lawyer , widely known in legal circles !…
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In the structure of state authorities , the legal adviser holds a responsible post after the head of government ! There is practically no important political or legal issue that cannot be resolved without the participation of the government's legal adviser …
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A dense forest with thorny bushes is the life of a worldly person , with numerous thorns of wife , children , wealth , etc., which are deeply embedded in it all the time . The mind wanders sometimes to heaven , sometimes to hell , sometimes to the human world …… (Batishteha 94)
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A being with a thousand hands is a mind with its innumerable manifestations . This mind punishes itself with its own tendencies and wanders restlessly around the world . A dead well in history is hell , and a banana grove is heaven …… (Batishteha 94)
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This great forest is not far away , nor are the strange creatures in it – not in some strange land! This world is the forest . This is a vast nothing , but this nothing is only seen in the light of knowledge . The light of knowledge is the " I " in history…… (Batishteha 94)
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This wisdom is accepted by some , rejected by some , and continues to suffer. The one who accepts it becomes enlightened …… (Batishteha 94)
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He came out of the woods , hit himself again with a club, and ran away again , this time into a banana grove . Although there was no one around to be afraid of, he was sobbing and moaning in fear . So he kept running and hitting himself …… (Batishteha 94)
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He was constantly worried . In one hand he had a club , which he beat himself with , and, fearing a beating, ran away in a panic . He fell into a deep well , got out of it, started hitting himself again , and ran away again in a panic , this time into the woods …… (Batishteha 94)
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In one of the Aretzs there was a huge forest , so big that millions of square kilometers in it were like the distance inside an atom. There was only one creature in this forest – a man with a thousand arms and legs …… (Batishteha 94)