By AFP
JERUSALEM: Tens of thousands of Israelis have joined protests against controversial government plans to give lawmakers more control of the judicial system.
Prime Minister Benjamin Netanyahu and his allies, who have formed the most right-wing government in Israel’s history, say the reforms are necessary to correct an imbalance that has given judges too much power over elected officials.
In January, Justice Minister Yariv Levin laid out a package of reforms that sparked widespread criticism, including a rare public rebuke from Supreme Court President Esther Hayut, who branded it an “unbridled attack.”
Here are the main elements of the plan:
Override clause
Critics of Israel’s top court have argued that judges have exceeded their authority by claiming the right to strike down legislation.
They say judges have exercised this right through an erroneous reading of the so-called Basic Laws, Israel’s quasi-constitution.
In response, the Netanyahu government wants to implement an override clause which, if passed, would allow parliament to overrule any Supreme Court decision with the support of 61 lawmakers in Israel’s 120-member parliament.
Opponents have warned this measure would give the legislative branch nearly unchecked authority.
Naming judges
Netanyahu’s government also wants to change the system through which judges are appointed, giving politicians more control.
Currently, top jurists are chosen by a panel overseen by the justice minister that includes judges, lawmakers and lawyers representing the Israeli Bar Association.
Under Levin’s plan, the bar association members would be removed from the process, with his office naming two “members of the public” to sit on the panel instead.
Parliament would also hold public hearings on Supreme Court nominations.
Sitting judges would still be on the panel, as would another Israeli minister.
‘Reasonability’, legal advisers
Levin’s plan would also prevent judges from using the so-called “reasonability” clause to strike down legislation.
Critics of the court, notably on the right, point to this as among the most grave examples of judicial over-reach.
In the recent high-profile decision to prohibit a Netanyahu ally from serving in cabinet, some Supreme Court judges said it would not be “reasonable” for Aryeh Deri to join the government, given his previous conviction for tax evasion, even if there was no law that directly barred him from serving.
The ruling infuriated the government. Netanyahu was forced to fire Deri, but criticised judges for overruling the will of voters.
Levin also wants to curb the authority of legal advisers attached to government ministries. Currently, their guidance has quasi-legal force, as Supreme Court judges cite it when ruling on the propriety of government actions.
Levin says such guidance should be clearly categorised as advice, not binding. Critics of the plan condemn that as another example of the Netanyahu government trying to diminish the authority of civil servants.
JERUSALEM: Tens of thousands of Israelis have joined protests against controversial government plans to give lawmakers more control of the judicial system.
Prime Minister Benjamin Netanyahu and his allies, who have formed the most right-wing government in Israel’s history, say the reforms are necessary to correct an imbalance that has given judges too much power over elected officials.
In January, Justice Minister Yariv Levin laid out a package of reforms that sparked widespread criticism, including a rare public rebuke from Supreme Court President Esther Hayut, who branded it an “unbridled attack.”
Here are the main elements of the plan:
Override clause
Critics of Israel’s top court have argued that judges have exceeded their authority by claiming the right to strike down legislation.
They say judges have exercised this right through an erroneous reading of the so-called Basic Laws, Israel’s quasi-constitution.
In response, the Netanyahu government wants to implement an override clause which, if passed, would allow parliament to overrule any Supreme Court decision with the support of 61 lawmakers in Israel’s 120-member parliament.
Opponents have warned this measure would give the legislative branch nearly unchecked authority.
Naming judges
Netanyahu’s government also wants to change the system through which judges are appointed, giving politicians more control.
Currently, top jurists are chosen by a panel overseen by the justice minister that includes judges, lawmakers and lawyers representing the Israeli Bar Association.
Under Levin’s plan, the bar association members would be removed from the process, with his office naming two “members of the public” to sit on the panel instead.
Parliament would also hold public hearings on Supreme Court nominations.
Sitting judges would still be on the panel, as would another Israeli minister.
‘Reasonability’, legal advisers
Levin’s plan would also prevent judges from using the so-called “reasonability” clause to strike down legislation.
Critics of the court, notably on the right, point to this as among the most grave examples of judicial over-reach.
In the recent high-profile decision to prohibit a Netanyahu ally from serving in cabinet, some Supreme Court judges said it would not be “reasonable” for Aryeh Deri to join the government, given his previous conviction for tax evasion, even if there was no law that directly barred him from serving.
The ruling infuriated the government. Netanyahu was forced to fire Deri, but criticised judges for overruling the will of voters.
Levin also wants to curb the authority of legal advisers attached to government ministries. Currently, their guidance has quasi-legal force, as Supreme Court judges cite it when ruling on the propriety of government actions.
Levin says such guidance should be clearly categorised as advice, not binding. Critics of the plan condemn that as another example of the Netanyahu government trying to diminish the authority of civil servants.
