It appears more than a handful of lawmakers have had enough regarding the dictatorial authority of Israel’s High Court of Justice, agreeing to support a bill that would significantly eliminate the court’s ability to disqualify laws legislated and passed in Knesset.
MK Yaakov Katz (Ketzaleh), who heads the Ichud HaLeumi opposition party, on Tuesday boldly presented his bill, the High Court Bypass Bill as it is being called. The bill is already backed by 16 MKs.
The bill states that if the High Court invalidates a law passed in Knesset on the on the premise it is illegal because it contradicts the Basic Law, the ruling would not take effect for a year, providing the Knesset adequate time to amend the law and thereby effectively bypass the High Court’s ruling.
In essence, the bill, if passed into law, eliminates then court’s ability to invalidate laws passed in Knesset.
The bill will come before the Ministerial Legislative Committee in 45 days. Supporting the bill are MKs from Shas, Kadima, Yahadut HaTorah, Likud and Yisrael Beitenu.
Former High Court Justice Michael Cheshin told Galei Tzahal (Army Radio) the bill endangers Israel’s democratic system since the High Court only disqualifies laws that jeopardize democracy and eliminating the court’s ability is a threat to all.
Labor Party MKs have come out vocally against it, vowing they will not permit it to pass into law.
Dr. Aviad HaCohen in his commentary on the bill labeled it, “The Knesset Throws a Shoe at the High Court”.
(Yechiel Spira – YWN Israel)
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3 Responses
hey, thats a half way decent looking shoe. looks like it might actually fit! no seriously.
even if it passes, the court will probably overturn it
It’s hardly undemocratic to have a supreme court not being able to overturn statutes. In Britain the courts have never been able to overturn an act of parliament, and in the United States, it was a big hiddush when the Supreme Court created the ability to do so in the early 19th century.
On the other hand, a Beis Din could always reject a takanah of a community that violated halacha, so there is arguably something “Jewish” about the idea of a court being able to overrule a legislature.