Israeli bill threatens courts’ ability to protect minority rights
A new bill that would allow the Knesset to re-legislate laws struck down by Israel’s supreme court jeopardizes the independence of the judicial branch.
The Knesset Committee on Legislation in Israel decided May 6 unanimously to move forward the “override clause,” a first step before the bill is voted on by the Knesset plenum. If it becomes law, it would be the greatest assault on Israeli democracy in its 70 years of existence.
Ministers from all coalition parties rejected the request of Prime Minister Benjamin Netanyahu to postpone their vote to another date and passed the most severe version of the bill, according to which a decision of the High Court of Justice could be nullified by a vote of 61 out of 120 Knesset members. If the law is passed, there would no longer be any significance to a High Court decision that a certain law is unconstitutional because it disproportionally injures the rights of an individual. In fact, the Knesset would have the right to legislate injurious laws with the knowledge that the High Court does not have the power to annul them.
