Israels Högsta Domstol har alltför länge spelat parallellregering – ovalda domare ha tagit på sej att ändra domar uppsatta av de folkvalda, och konsekvent följt extremvänstern. Till vissa individers förtjusning.
Derech Chaim aims to infuse Jewish values into Israel’s government and legal system.
The new proposal, which Derech Chaim coordinated with Jewish Home MK Moti Yogev, would remove the Supreme Court’s ability to cancel laws they do not like.
In a 30-page booklet, the organization explained the history of Israel’s Supreme Court, and how previous justices influenced the system until the court was able to intervene in the Knesset’s lawmaking abilities as it does today.
The booklet suggests adopting a model similar to England’s, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.
srael does not have a basic law authorizing the Supreme Court to cancel new laws. However, the Supreme Court has decided it has this authority because of how they interpret the basic law on “human respect and freedom.” This, despite the fact that when this same basic law was made, the lawmakers stated explicitly that it was “not intended to authorize the Supreme Court to cancel laws.”
Similar laws were proposed twice in December 2006, but were not actually passed.
Supporting the proposal are Coalition Chairman David Bitan (Likud) and MKs Yehuda Glick (Likud) and Yisrael Eichler (UTJ). Other MKs are expected to sign the proposal in the coming week.
A Derech Chaim spokesman said, “Again and again we see the difficulty Israel’s Supreme Court is giving the public’s chosen government when they attempt to lead the country they were chosen to lead. Residents of south Tel Aviv, settlers in Judea and Samaria, the haredi community – all of these are harmed by the Supreme Court’s dictatorship.
“The time has come for the Knesset to work to bring back its authority, which was stolen by the Supreme Court. The Knesset must stop this situation in which the Supreme Court justices, who represent a tiny fraction of the Israeli public, dictate to all of us what is right and what is not, what is ethical and what is corrupt.”
Attorney Uri Tzipori, who works with Derech Chaim, said, “I think this is an important and necessary proposal. The Supreme Court stole the reigns in 1995. There is no precedent in the world for a situation which allows the Supreme Court to declare itself above the law and criticize laws the government ways without actually receiving the authority to do so and without laws supporting such actions.
“If the Supreme Court has understood the Knesset’s silence to be agreement to their new policy, this new proposal will show them the entire nation and its representatives do not agree to it.”
MK Moti Yogev said, “This law will remove the Supreme Court’s ability to cancel laws made by the publicly chosen government. It will return Israel’s democracy.
“This is what we had from the time Israel was founded until 20 years ago. This is what other democratic countries do, and this is what Israel should do – for the sake of Judaism and for the sake of democracy.”