'Stop complaining about the court and take action'

Justice Minister Shaked calls on coalition to support law regulating relationship between justice system and Knesset.

Arutz Sheva Staff,

Ayelet Shaked
Ayelet Shaked
Miriam Alster/Flash90

Justice Minister Ayelet Shaked (Jewish Home) spoke about the memorandum on the proposed Basic Law on Legislation, which she and Education Minister Naftali Bennett (Jewish Home) recently distributed

The memorandum regulates relations between government branches for the first time since the constitutional revolution declared by former Chief Justice Aharon Barak more than two decades ago.

"This is a very serious law," Shaked told Reshet Bet. "It's not something you pass in a week or two. This is the core of Israel's constitution. I think that all the coalition's parties need to work together to pass this law."

"It's time the politicians and public leaders stop complaining about the court, and take steps to regulate the relationship between the court and the Knesset.

"We distributed a memorandum, and will hold a discussion with all of the parties, and see what each party has to say. The situation today, in which the court allows itself to invalidate laws and cancel government decisions, cannot continue. The Knesset is responsible for changing this reality."

Shaked also said she estimates the coalition will support the law.

"I am sure the haredim, the Likud, and Yisrael Beytenu, will support the law. The only ones left are the Kulanu MKs, and I will sit with their representatives and come to an agreement. This law has been spoken about in the past, and I definitely think that working with the other parties, we will eventually find a way to advance it.

"It's time the Knesset decided exactly what its relationship with the justice system should be."

Responding to right-wing criticism that the law is not comprehensive enough, Shaked said, "In my eyes, this law is a compromise. But sometimes in order to change the situation, we need to compromise - and I believe this is a good compromise."

Shaked also noted that she has discussed the proposal with representatives of the justice system.

"I am discussing the proposal with Supreme Court Chief Justice Esther Hayut, and with Attorney General Avichai Mandelblit," she said.

Israel does not have a constitution, so decisions at first were made on the basis of precedent. Chief Justice Aharon Barak formulated Basic Laws to create a basis for court decisions that would serve as a substitute for a constitution in certain areas.

The interpretation and applicability of these laws has been increasingly broadened by the courts, in line with Barak's well-known and publicly expressed opinions stating that "the enlightened" would decide for the rest of the country and that "everything is justiciable."

The proposed new law is meant to address this problem. For a summary of the reasons for the pervading feeling in Israel that there is a need to change the rules regarding Supreme Court activity -, click here.




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