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Home Hot Topic Knesset Speaker Hints Coalition Won’t Tolerate High Court Nullifying Basic Laws

Knesset Speaker Hints Coalition Won’t Tolerate High Court Nullifying Basic Laws

by Cecilia

Knesset Speaker Amir Ohana has expressed concerns about the potential outcome of a High Court of Justice ruling scheduled for next week regarding the nullification of the “reasonableness law.” He warned that such a decision could have serious consequences and stated that the Knesset would not passively accept it.

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During a press conference at the Knesset, Ohana discussed the upcoming hearing on September 12, which will address petitions against the reasonableness law. This law is part of the government’s controversial judicial overhaul and restricts the courts from intervening in government and ministerial decisions based on their “reasonableness.” There will also be a separate hearing on petitions against a law that shields prime ministers from forced recusal.

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Ohana emphasized that both pieces of legislation are amendments to Israel’s quasi-constitutional Basic Laws, which the country’s top court has never invalidated. He pointed out that the process for legislating Basic Laws is the same as for other bills in Israel’s unicameral parliament, requiring no special majority.

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He described Israel as being at a crossroads and emphasized the need to balance the branches of government. Ohana, a member of Prime Minister Benjamin Netanyahu’s Likud party, argued that since 1977, the justice system has been gradually taking power away from politicians.

Ohana called for a compromise deal among politicians to prevent a constitutional showdown but asserted that even if such efforts fail, the court should not make decisions instead of elected officials. He argued that the court does not possess the power to nullify Basic Laws and called on the justices to recognize the limits of their power, emphasizing that in a democracy, no branch should be all-powerful.

Justice Minister Yariv Levin praised Ohana’s speech, hoping that the Supreme Court justices would respect the authority of the government, Knesset, and the sovereignty of the people. Other coalition figures also expressed support for Ohana’s remarks, while the opposition criticized them. Finance Minister Bezalel Smotrich argued that the Supreme Court has no authority to deliberate or invalidate Basic Laws and emphasized the importance of the ongoing judicial system reforms.

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