Shaked and Bennett
Yonatan Zindel/Flash 90
Bennett, Shaked move to bypass High Court rulings
Bayit Yehudi duo unveil plan to enshrine a Basic Law designed to enable the Knesset and the government to enact legislation and decision despite vetoes imposed by courts; 'The high court's cancellation of laws is becoming normal and we are compelled to act,' says Bennett; Kahlon expected to stifle any proposal that risks encroaching on judiciary's authority.
Bayit Yehudi leader Naftali Bennett and Justice Minister Ayelet Shaked unveiled Thursday evening a planned piece of legislation they say is aimed at “restoring balance” between Israel’s three legislative branches that would essentially enable the government to bypass rulings made by the High Court of Justice and Supreme Court.
Central to the plan of the Basic Law of Legislation is an initiative that would allow the Knesset to ratify bills even if they are struck down by the courts.
According to Bennett and Shaked, the bill would constitutionally enshrine as a Basic Law the perimeters according to which legislation is passed and delineate the circumstances in which the decision of one of the branches takes precedence over the other.
Ayelet Shaked and Naftali Bennett (Photo: Gil Yohanan)
“The plan will include the two chapters missing in the Israeli constitution: the Nationality Bill … and the Legislation Bill that will complete the legislative chapter that is missing in the Israeli constitution and will be appended to the Basic Laws,” said the Bayit Yehudi duo in a statement.
The Nationality Bill seeks to define Israel as the nation-state of the Jewish people.
“The new Basic Law on Legislation will include a clause to bypass regulations in which a court nullifies a law and the Knesset reinstates it under certain conditions,” the explanation continued.
“Other clauses in the Basic Law on Legislation will determine the special way in which Basic Laws should be enacted and the fact that they are not subject to judicial review as is customary in most countries of the world.”
The bill is not expected to pass without raising a few eyebrows in the government, with Finance Minister Moshe Kahlon (Kulanu), who in the past has been one of the staunchest advocates and defenders of HCJ rulings, expected to place stumbling blocks in its path.
In the past, Kahlon acted as a bulwark against attempts made by coalition members to undermine rulings by the HCJ. His party has yet to respond to Bayit Yehudi plan.
“The Basic Law on Legislation will clearly set out the limits of judicial review, the process of legislation … and the dialogue between the Court and the Knesset. The law should be formulated by as broad a public consensus as possible.”
Moshe Kahlon (Photo: Eilat-TV)
Bennett explained that he was spearheading the constitutional move in an effort to break the increasingly common cycle of government legislation being slapped with court vetoes.
“Recently the High Court has nullified Knesset laws and government decisions, such as the plan to remove illegal infiltrators, the Budget Bill and the revocation of residency permits for Hamas activists,” Bennett cited as reasons for the plan.
“This new situation, which the cancelation of law has become the norm, has compelled us … to act and to restore the appropriate balance between the authorities. That is what we are doing today.”
