Israeli ministers have proposed a new law that would limit the authority of the Supreme Court to strike down legislation passed by the Knesset.
Justice Minister Ayelet Shaked and Education Minister Naftali Bennett, both from Jewish Home, announced the initiative yesterday. The new basic law would include “an override provision that would allow a Knesset majority to vote to bypass the High Court’s ruling”, according to Haaretz.
Basic laws have constitutional status in Israel, in the absence of a formal constitution.
The paper reports that “the proposal doesn’t specify the exact number of Knesset members that would be necessary to override a court decision”.
Explaining the move, Bennett said: “This new situation in which striking down laws has become a routine thing will force us, the legislators who were elected by the public, to act to restore the proper balance between branches of government.”
Shaked commented: “The basic law on legislation will clearly define the limits of judicial review, the legislative process, and the passage of basic laws and the dialogue between the court and the Knesset. The law needs to take shape with the broadest possible consent of the public.”
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Haaretz also noted that Interior Minister Arie Deri of the Shas party believes “all coalition leaders” would back a law limiting the powers of the Supreme Court.
A number of Israeli opposition politicians reacted angrily to the news, with Zionist Camp’s Tzipi Livni accusing Bennett and Shaked of seeking “the destruction of democracy and the Supreme Court”.
As reported by the Jerusalem Post, the two ministers’ statement “emphasised that passing laws that courts cannot strike down is a recognised practice worldwide”.
However, the paper continued, “they did not mention that in countries like the US, where the legislative branch can override the Supreme Court, there is also usually a constitution – which Israel does not have – that acts as a permanent limit on the legislative and executive branches from overreach. In Israel, only the High Court can function to prevent such alleged overreach.”