Israel’s government issued another warning to the High Court of Justice on Friday morning, with a senior official stating that “the legislative and executive branches are being clear as day: The court does not have the authority to strike down Basic Law amendments.
“Do not overstep your authority,” the official warned Israel’s top court.
The comments were issued after the Knesset’s attorney-general Sagit Afek filed her opinion to the court in which she wrote that “there is no justification for a judicial review of a Basic Law that was adopted by the Knesset.”
The government also issued its response ahead of the pivotal High Court hearing, claiming that the court is “precluded from discussing the validity of Basic Laws or amendments to said laws. The Israeli government’s position is based on the principles of popular sovereignty, the rule of law, and separation of powers.
Prime Minister Benjamin Netanyahu’s government further implied that the court seeks to place itself as the sole sovereign and to “appropriate itself the authority to review Basic Laws.”
JUSTICE MINISTER Yariv Levin speaks with Prime Minister Benjamin Netanyahu during the voting in the Knesset plenum on Monday. (credit: YONATAN SINDEL/FLASH90)More details unveiled of President Isaac Herzog’s leaked outline
Also on Friday, Haaretz unveiled more details of a leaked compromise agreement reached by President Isaac Herzog which was later turned down by Netanyahu, despite reports the prime minister had initially okayed the leaked outline.
The outline would have the coalition legislating a new and more muted law to cancel the reasonableness standard and freezing legislation of the judicial reform for 12-18 months. The Judicial Selection Committee would see no changes to its makeup and would continue to require a seven of nine majority instead of the seven of 11 that the reform proposes.
According to Haaretz, the new reasonableness law would be altered to only take effect on cabinet votes and not on “the majority of ministerial decisions” or potential firings of government officials.
In addition, the compromise would have seen a clause implemented protecting Attorney General Gali Baharav-Miara from being fired by the government and made it so any legislation to change the scope of the A-G’s authority would require a special majority of 80 Knesset members.
On Wednesday, Knesset Speaker Amir Ohana warned the High Court of Justice not to strike down the law to cancel the reasonableness standard.
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