Eretz Yisrael Time

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Thursday, November 05, 2009
The lack of a balanced set of checks and balances is something that hurts Israel a tremendous amount. The Supreme Court simply has too much power, and particularly the power to override laws created by duly elected lawmakers that they disagree with for ideological or political reasons.

Justice Minister Yaakov Ne'eman is (re)introducing a bill that will allow the Knesset to ignore a Supreme Court directive to nullifies a law passed by the Knesset, by allowing for a Knesset revote that would require a special majority to allow the law to pass.

This would, first of all, return the power of passing laws that the citizens want back into the hands of those the citizens elected, and not an elite few who have their own political agendas they are promoting.

Second, it would cause the Supreme Court to weigh far more carefully their decisions to knock down Knesset laws, as the Knesset will only allow them to continue to abuse that power so often.

But what happens if the Supreme Court rejects this legislation as "unconstitutional" (Israel doesn't actually have a Constitution)?

That's a paradox.

I guess it would have to go up to the Supreme Court for them to decide.

On a serious note, expect the Supreme Court to fight this tooth and nail.


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