'The Supreme Court has become the legislator'

Law Committee to discuss today Basic Law amendment meant to curtail Supreme Court's ability to reject Knesset bills.

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Hezki Baruch,

MK Motti Yogev
MK Motti Yogev
Miriam Alster/Flash 90

MK Moti Yogev’s bill to amend the Basic Law on “adjudication” is to go today, Sunday, to the Knesset Law Committee for discussion, in contrast to reports last night.

The bill, phrased in conjunction with the “Derech Haim” association, seeks to put a halt to the judicial activist revolution spearheaded by former Chief Justice Aharon Barak, by preventing the Supreme Court’s cancellation of laws made by the Knesset.

According to the bill, in a place where a Knesset bill contradicts other Basic Laws, the Court will simply notify the legislators, as is customary, for example, in Britain.

The bill has broad support from MKs and coalition factions.

Last night, it was announced that the bill had been taken off the agenda due to opposition from the Kulanu party. However, this morning Yogev emphasized that the bill will, indeed, go to the Law Committee.

“The Prime Minister and MKs were chosen by the people, but the Supreme Court has decided to establish what is good for the nation. We are for a separation of powers and judicial criticism, but we are against allowing the Supreme Court to cancel laws definitively. That is the opposite of separation of powers, that is a Supreme Court regime that has made itself the legislator. This is an important law which comes to make order, as is customary in many countries.

“It is inconceivable that 120 MKs chosen by the people vote on laws with a large majority, and three Supreme Court Justices not chosen by the people cancel the laws with a wave of the hand, without the possibility for an hearing or an appeal. We are ready to negotiate on the phrasing of the bill. There is no country in the Western world in which the Supreme Court does as it wishes to laws from the house of representatives, and here, too, this was the case until Aharon Barak’s revolution,” Yogev added.

“I am sure that Kahlon also understands that we cannot continue in this way. The Court has turned itself into the law, the lawmaker, the policy-maker - out of clear political inclinations. We will not rest until we pass the bill in some form or another,” Yogev declared.








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