The Supreme Court
Photo: Alex Kolomoisky
Past, present justices come out against move to bypass High Court rulings
One judge expresses concern legislation allowing the Knesset to pass anew laws struck down by the court 'could lead to the court not being able to fulfill its role and serve as a final gatekeeper against the tyranny of the majority.'
Past and present Supreme Court justices expressed hope over the weekend that Attorney General Avichai Mandelblit would work to temper a bill proposal by Bayit Yehudi
that would essentially enable the government to bypass rulings made by the High Court of Justice.
The legislation, proposed by Education Minister Naftali Bennett and Justice Minister Ayelet Shaked, comes in response to recent High Court ruling to cancel an amendment to the Conscription Law that lowered the annual quota on the number of Haredim required to draft into the IDF, as well as a ruling to limit the time illegal migrants can be imprisoned to no more than 60 days.
At present, the High Court has the right to strike down laws based on legal interpretation. Bennett and Shaked's bill proposal will allow the Knesset to bypass the High Court and pass anew a law that has been struck down, assuming it gets a special majority at the parliament.
The Supreme Court (Photo: Alex Kolomoisky)
The legislative proposal does not state the number of votes required, and the judges seek to set it at no less than 70 votes.
"Regulations that allow the Knesset to determine a certain law would be valid despite the court's ruling, could lead to the court not being able to fulfill its role and serve as a final gatekeeper against the tyranny of the majority," one of the judges said.
Labor party chairman Avi Gabay also criticized the proposed legislation, saying it would "destroy the independence of the judicial system and turn it into a body that has political considerations. We'll oppose it, and I believe the prime minister would also oppose it."
Bennett slammed Gabay, saying it appears the Labor leader "didn't bother to learn the details of the proposed legislation. There is no intention to harm judicial independence or the High Court's status. On the contrary, the public's loss of trust in the High Court comes from the feeling that it claims authorities it shouldn't have, which is why it is time to act."
