In Israel, coalition agreement includes plan to determine two fundamental basic law principles
By 7 June 2021
Israeli Knesset (photo credit: Chris Yunker/flickr)
The Yesh Atid and Yamina parties have agreed to move ahead on controversial legislation to regulate the relationship between the Knesset and the judicial authorities – including the Supreme Court's ability to overturn laws.
The plan to draft the new law is written into the coalition agreement. A clause states that "The sides agree to establish a committee, led by the justice minister and made up of members of all the coalition's parties, in order to legislate the Basic Law on Legislation." [...]
The proposed Basic Law on Legislation would determine two particularly controversial principles: whether the High Court of Justice should be able to strike down Basic Laws, and what sort of Knesset majority is needed to overrule the Supreme Court is striking down laws. Just last month, the Supreme Court sparked protest when it struck down an amendment to the Basic Law on the Government, which at the time prevented the dismantling of the Netanyahu-Benny Gantz unity government.
If such a law passes, it would be the first in Israel's legal history to substantiate the Supreme Court's authority to overturn laws – an authority that has never been regulated – and even to determine the majority required to strike down a regular law, as opposed to a Basic Law. The coalition agreement does not include details of the law, which will be decided by the committee.
Read the full article here: Haaretz