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Bill to rein in Israel's Supreme Court wins preliminary approval

by  Yori Yalon , Reuters and Israel Hayom Staff
Published on  05-07-2018 00:00
Last modified: 10-27-2019 13:34
Bill to rein in Israel's Supreme Court wins preliminary approval

Israel's Supreme Court

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Ministers on Sunday advanced legislation against a Supreme Court they view as too liberal, granting preliminary approval to a bill that would limit the court's power to quash laws deemed unconstitutional.

Justice Minister Ayelet Shaked lauded the ministerial committee's approval, while Chief Justice Esther Hayut warned that the move is a dangerous blow to democracy.

The bill, which still needs to pass a number of Knesset readings before becoming law, would enable the Knesset to circumvent a court decision to strike down a law by passing it again with the support of 61 out of the 120 members.

But opposition from a centrist group in Prime Minister Benjamin Netanyahu's rightist coalition could sink the legislation once it reaches the Knesset for further ratification.

Critics have condemned the proposal as an attempt by the government to promote a right-wing agenda by weakening the rule of law and limiting the powers of the country's top judicial body.

Proponents of the legislation have accused the Supreme Court of intervening too aggressively in the work of the legislature, systematically striking down laws passed by a democratically elected legislative branch.

On Monday, at a swearing-in ceremony for justices and registrars held at the President's Residence in Jerusalem, Shaked said that after more than 20 years, "yesterday we started a process" that was necessary to correct the balance of power among Israel's government branches, which in her view had become skewed in favor of the court.

Shaked dismissed accusations that the move would herald the end of Israeli democracy as "absurd," adding that "Israeli democracy is stronger than any of its eulogies. The Supreme Court today is not the same as it was 10 years ago."

Hayut, also in attendance at the swearing-in ceremony, warned that the proposed legislation represented "a blatant, unprecedented attack, which poses a real threat to the court's independence and impartiality."

"The significance of this legislation is simple: it is the abolition of the constitutional protection of human rights... and the unrestricted enactment of laws that violate these rights, without the court being able to provide the victims relief," she said.

"It is a matter that concerns the human rights of every individual in Israeli society and it gives the Knesset, with the government's support, the ability to enact laws that violate human rights without hindrance," she said.

According to Hayut, "The regulation of the balance between the three branches [the judiciary, the executive and the legislative] is a complex and fateful issue, and it is therefore necessary to treat it with due gravity and to hold topical and responsible dialogue in order to build rather than destroy."

In stark contrast, Education Minister Naftali Bennett spoke highly of the proposed legislation, tweeting that "This is a great day for Israeli democracy. We will strengthen the government's power and increase the public's faith in the court."

But Finance Minister Moshe Kahlon, who heads coalition party Kulanu, said in a statement condemning the move that his centrist party "will not allow extremists to dictate Israel's agenda."

Kahlon was not present for the committee vote.

Comprising 15 justices, the Supreme Court is widely seen in Israel as a liberal bastion, and Shaked has been at the forefront of efforts to diversify the bench and introduce more justices with conservative views.

The justices are appointed by a selection committee that includes Shaked, three Supreme Court justices and representatives of the Israel Bar Association.

In recent years, the court angered the right-wing camp by striking down a law that allowed the state to incarcerate illegal African migrants indefinitely and overturning a law exempting Jewish religious seminary students from military service.

The court has also been a thorn in the side of Israel's settlement movement in Judea and Samaria, hearing petitions that have led to the demolition of outposts and homes built without government approval.

Amit Segal, a prominent Israeli political analyst, said Kahlon's opposition to the court bypassing legislation meant that "the law is headed for a state funeral" in the Knesset.

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