Ohana Proposes Establishment of Constitutional Court Above High Court of Justice

A week ago, Speaker Amir Ohana delivered a resolute warning to the special 15-judge panel of the Supreme Court, which was set to consider petitions against the reasonability amendment to the Basic Law: The Judiciary.

He emphasized the growing need to balance the branches of government, particularly as it seemed that the previously uncrossed boundary of canceling basic laws by the judicial branch might be crossed. Ohana pointed out that the amendment had received an overwhelming majority vote of 64 MKs. In comparison, the activist court’s prized Basic Law: Human Dignity and Liberty had passed with only 32 votes. Ohana cautioned that if the High Court were to reject a basic law, it would render all previous decisions relying on the supreme status of basic laws null and void.

In a statement, Ohana declared, “One thing I can say – the Knesset will not meekly accept its trampling.”

He concluded his impassioned speech by urging the court and its respected judges to acknowledge the limitations of their own power, just as other branches of government had. Ohana noted that the executive and legislative branches had already recognized this principle and suggested that it was time for the judiciary to do the same.

Two days after the court’s controversial decision to debate and potentially annul a basic law, Ohana took action.

“There are various ideas for bills that the Knesset will propose to address this issue, including the establishment of a court for constitutional matters,” he revealed to Yediot Acharonot in an interview.

One of these proposals involves creating a Constitutional Court, which would include not only judges but also other stakeholders. The Constitutional Court would effectively replace the High Court of Justice while preserving the integrity of the Supreme Court.