Knesset Speaker backs bill to overturn laws struck down by Israel´s Supreme Court (HA´ARETZ NEWS) By Jonathan Lis and Ophir Bar-Zohar 04/09/12)
Source: http://www.haaretz.com/news/national/knesset-speaker-backs-bill-to-overturn-laws-struck-down-by-israel-s-supreme-court-1.423266
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Knesset Speaker Reuven Rivlin announced Sunday that he intends on
promoting a new basic law, proposed by Justice Minister Yaakov
Neeman, which would allow the Knesset to reinstate a law that was
struck down by Israel´s Supreme Court.
“This legislation is unavoidable,” said Rivlin, who disclosed plans
to meet with Supreme Court President Asher Grunis to discuss the
initiative.
The proposed law allows for the Knesset, with a majority vote of at
least 65 MKs, to overturn a Supreme Court decision declaring a law
unconstitutional. During the weekend a first draft of the law was
published, after previous versions had been rejected. The law is
meant to introduce a system of checks and balances between the
Supreme Court and the Knesset.
“The Knesset and the Supreme Court have been on a chronic collision
course for 20 years, when the Knesset spilled into the judicial
system in response to judicial activism," Rivlin said.
“If we had created this law back then, we would have prevented the
exchange of blows between the Knesset and the Supreme Court, whose
only victim is Israeli democracy,” explained Rivlin.
“We must agree today, twenty years too late, on wording that will
clearly define the boundaries of each entity. It is a mutual
interest,” said Rivlin.
Neeman’s proposed law has received cross-party opposition after being
published in Haaretz on Sunday morning. Defense Minister Ehud Barak
claimed that he is opposed to the law and determined to act against
it.
Meretz party leader MK Zahava Galon said that she will initiate a
special discussion during the recess to discuss the Justice
Minister’s proposal.
“Neeman apparently read his Haggadah incorrectly. He did not
understand the meaning of the holiday of freedom when he proposed
this law, said to protect freedom, but which would actually strip us
of it.”
“The Supreme Court rejects laws that harm human rights. The Justice
Minister proposes giving unlimited power to the destructive majority
in the Knesset to cause that harm, and so we must nip this law in the
bud,” said Galon.
MK Nachman Shai (Kadima) also condemned the law. "It is another joke
being proposed by the Ministry of Justice and its minister. Behind
this law is a policy meant to harm one of the cornerstones of Israeli
democracy – the Supreme Court. This foolish idea should be buried
before it can poison the Israeli public sphere.”
The draft was published by the Justice Ministry late last week. Its
framers hope it will eventually be presented as the long-sought Basic
Law on Legislation. It contains a clause that would makes it easier
for the Knesset to sidestep High Court rulings declaring laws
unconstitutional.
Neeman’s proposed bill will grant the Knesset the means to overturn a
Surpeme Court decision declaring a law unconstitutional. The Knesset
would be allowed to overturn such a decision with a majority of at
least 65 MKs, and have the power to renew the law every five years,
for an unlimited amount of time.
This bill differs from one recommended by a public commission
convened in 2004 to study the issue. That committee recommended a
majority of at least 70 MKs to reinstate a law that had been struck
down by the High Court of Justice. It also recommended that even if
the law was revived, it could be extended only once for a period of
five years. The recommendation was accepted by then Supreme Court
President Justice Aharon Barak. (© Copyright 2012 Ha´aretz 04/09/12)
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