Knesset speaker Amir Ohana said the legislature would move to replace the High Court of Justice with a new court if it were to strike down the Law to Cancel the Reasonableness Clause in an interview published in Ynet.
The Hebrew news outlet reported that Ohana wants to establish a “constitutional court, which will not be made up only of judges. The Constitutional Court will actually replace the High Court, but will not harm the institution of the Supreme Court.”
Ohana said it is one of a “variety of ideas” being floated to reign in the court.
“In a constitutional court, which will be authorized to discuss constitutional issues that have existence even though Israel has no constitution, and which discusses values, worldview, and concepts from the worlds of ideology, there will be no advantage [given to] the jurists,” he explained. “Public representatives from a variety of fields will also be able to sit [on the court]. This is one of many bills that will surely be discussed if necessary.”
Striking down a Basic Law could spark a crisis
He also sought to warn the court that if it strikes down the law, which is an amendment to a Basic Law, it could spark a constitutional crisis in the country. “I hope that the court will understand the limitations of its own power and avoid this crisis. There is no authority in a democracy that is ‘all-powerful,’ and the Knesset and the government understand this very well. I hope the court also understands this,” he said.
If struck down it would be the first time a Basic Law is canceled by the court. The concept of whether or not they can even review Basic Laws has been a topic of debate throughout the hearings, and any ruling can clarify that fact for future cases.
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