Israel´s Justice Minister defends bill allowing MKs to bypass High Court (HA´ARETZ NEWS) By Jonathan Lis 04/19/12)
Source: http://www.haaretz.com/news/national/israel-s-justice-minister-defends-bill-allowing-mks-to-bypass-high-court-1.425164
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Justice Minister Yaakov Neeman insists that all the criticism being
leveled against his proposed Basic Law on Legislation is proof that
the law is correct and necessary. The minister made that argument to
a Knesset plenum yesterday, at a special recess session focused on
the bill, initiated by one of its harsh critics, MK Zahava Gal-On
(Meretz).
The proposed bill would give the Supreme Court the right to
invalidate Knesset legislation if the court rules it conflicts with a
basic law. But it also allows the Knesset to override the court by
passing the law again, if 65 Knesset members vote for the override.
Neeman says the bill would set regulations for legislation, deal with
the authority for legislating a constitution, and establish that
basic laws take precedence over regular laws, by requiring their
cancellation or amendment to go through four readings. "We are aiming
to strengthen the status of the basic laws and assure that they
cannot be altered with a regular majority. That´s anti-democratic?"
he asked.
But Gal-On says by proposing the law, Neeman has revealed his desire
to "conspire against democracy in the State of Israel. He wants the
last world to rest with the Knesset, and to do away with judicial
review. That way the aggressive majority can decide to undermine
human rights, as with other legislative initiatives we´ve had here
recently."
The proposal was also criticized by Minister Benny Begin (Likud), who
suggested the proposal be rewritten to reflect the recommendations of
a committee Neeman himself had headed in 2004, which required the
votes of at least 70 MKs to override the high court, rather than 65.
Neeman rejected accusations that he had tried to sneak the proposal
past MKs by releasing it just before Pesach, saying the delay in its
publication was technical and that he had showed it to then-Supreme
Court President Dorit Beinisch in 2010. (© Copyright 2012 Ha´aretz
04/19/12)
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