Knesset Battle Shaping Up Over High Court

The latest humiliation of the Knesset at the hands of the High Court — nullification of the government’s detention policy for illegal migrants — has kindled a move for legislation to override the judiciary.

A bill sponsored by Jewish Home MK Ayelet Shaked would provide for annulled laws to be brought back to the Knesset, which can vote to re-pass them for a period of four years if it can get a simple majority of 61 lawmakers, The Jerusalem Post reported on Tuesday.

The bill adds what is known as an “overriding clause” to Basic Law: Human Dignity and Liberty.

In response, Meretz plans to submit a bill to increase the number of MKs necessary to override the court to 90 out of the total 120. Such a proviso would make an override extremely difficult to obtain, precisely the intention of Meretz leader Zahava Gal-On. She said it will ensure that an override would only happen when necessary and not because of someone’s political agenda.

The idea is not new. A similar “overriding clause” was added to Basic Law: Freedom of Occupation by former prime minister Yitzhak Rabin’s government in 1994 to prevent the importation of non-kosher meat.

Shaked confirmed that the High Court’s cancellation of the government’s migrant policy last month for the second time in a year was the motivating factor in proposing the change.

The Knesset will have to pass a new law for dealing with the problem by the end of December.

“Even [Supreme Court] President [Asher] Grunis said the court went too far and turned itself into a legislator. No one says the court has to have the last word. The current situation harms checks and balances,” she told Army Radio.

Meretz leader Zehava Gal-On conceded that the bill has a good chance of passing because of “the tyranny of the majority,” and predicted it will cause endless problems.

This article appeared in print on page 28 of the October 22nd, 2014 edition of Hamodia.