“Just as we take pride — and rightfully so — before the nation and the entire world, in that we are the only democracy in the Middle East, we must also remember that one of the essential guarantees of our democracy is the protection of our independent legal system, which provides judicial oversight and defends the constitutional principles underlying the [democratic] system.”
That is the warning that Supreme Court President Esther Hayut issued April 15 as part of the struggle she is leading to block legislation that would limit the ability of the Supreme Court to overturn laws it deems improper. The bill is scheduled to be brought before the Knesset early next month.
Hayut delivered her remarks at Tel Aviv University during her annual lecture to mark Israel’s Independence Day. Meanwhile, Prime Minister Benjamin Netanyahu was busy formulating the Override Clause, a dramatic amendment intended to rein in an activist Supreme Court and hinder its ability to overturn laws passed by the Knesset if they conflict with the Basic Laws of the state. Thus, on the eve of Israel’s 70th Independence Day, a full-fledged battle is being fought over the character of the Supreme Court, an international symbol of the strength and vigor of the only democracy in the Middle East.
This is not the first time that the Knesset has tried to enact such a clause, and such efforts have not been limited to the right. Former Justice Minister Haim Ramon tried to push through a similar law in 2006. This is the first time, however, that such a law has been politically possible. Israel's domineering justice minister, Ayelet Shaked of HaBayit HaYehudi, is determined to force the passage of the legislation. Senior Likud ministers, including Tourism Minister Yariv Levin, one of the court’s sharpest critics, support the idea. Even the prime minister has entered the fray in support of a law.
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