Prime Minister Binyamin Netanyahu has hit a bit of a snag with the Bayit Hayehudi Party in his coalition. On Thursday he asked Justice Minister Ayelet Shaked to postpone the committee discussion on the proposed override bill that would see the curbing of the power that the Supreme Court and the High Court of Justice hold that allows them to strike down laws voted on by the Knesset.
Education Minister Naftali Bennett and leader of the Bayit Hayehudi later came out and said that the discussion will take place as scheduled on Sunday.
Netanyahu asked for a week extension claiming that he wants to reach a compromise with Chief Justice Esther Hayut. Bennett refused, however, claiming that the bill is an essential piece required for proper governing.
Bennett said: “The paragraph of overcoming is required to govern the government and to maintain trust in the court. It is also an essential means of fighting terrorism and removing illegal infiltrators from Israel. It’s time to decide.”
He continued: “Therefore, on Sunday, we will bring up the Override Clause, and we expect the Prime Minister’s support, as promised by his signature and as promised to the Israeli public. ”
The proposal would add a clause to the Basic Law: Human Dignity and Liberty, that would explicitly empower the Knesset to overrule the Supreme Court allowing them to reenact laws that either the High Court of Justice or the Supreme Court struck down, thus shifting the balance in power back to the legislative branch. The bill would allow the Knesset to override the Supreme Court with a simple majority of 61 MKs.
In order to enact laws only a majority of MKs in the Knesset at any given time is required. The Override Clause would require a majority of the full 120-member Knesset.
“Our demand to enact the clause with a majority of 61 Knesset members is no surprise. The Likud signed an explicit coalition agreement with us. Agreements must be fulfilled. I expect the full support of the Likud next Sunday. We will return the proper balance of powers to the branches [of government]” said Bennett last week.
“We want the Supreme Court to be able to nullify laws only in extraordinary circumstances. The Knesset will be able to pass laws a second time [after their nullification by the court] in a protected manner, with a special majority of 61 Knesset members. Only this way can we remove the infiltrators from Israel,” Bennett concluded.
(YWN Israel Desk – Jerusalem)