The clause allows the Knesset to overturn Supreme Court rulings, and lawmakers may work to create laws that would further diversify Israeli society.
The law, which allows a Knesset majority to overturn High Court rulings, is a “death benefit” to Israeli democracy, legal experts have warned.
Members of the upcoming coalition government under Binyamin Netanyahu are said to be supporting a proposal that would allow the 61-member Knesset to overrule the Supreme Court and overrule its decisions. Netanyahu, who initially refused to include the controversial clause in the coalition negotiations, agreed to do so after pressure from his allies in the ultra-Orthodox United Torah Judaism and Zionist groups. .
According to Israeli legal experts, this move will seriously weaken the country’s democracy.
Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute, told Media Line that the incoming government hopes to gain “unlimited power” by passing the law.
“They can do what they want,” Fuchs said. “Currently they are limited because of the Basic Laws that protect human rights. The Supreme Court has ruled 22 times in the last 30 years that it is illegal [passed in the Knesset] it’s bad or bad.”
Proponents of the nullification clause argue that legislation increases democracy because the majority can decide and govern. But if, like me, you believe that democracy is about the equality of power and the protection of individual and minority rights from the tyranny of the majority, then the clause makes sense. our democracy will decline.
Fuchs added that the repeal clause would lead lawmakers to create laws that would lead to greater inequality in Israeli society, such as allowing conscription for mandatory military service, by repealing it. or the entry of asylum seekers into the country. The proposal can also remove certain rights, for example by preventing LGBT couples from having children through abortion. The latter was granted by the Israeli Supreme Court earlier this year.
“Supporters of the nullification clause argue that it increases democracy because the majority can make decisions and govern,” Fuchs said. “But if you believe that democracy is about the equality of power and the protection of human rights and the rights of minorities from the tyranny of the majority, then it is clear that the clause of our right will be undermined democracy. I’m not saying we’re going to turn into a non-democratic country, but it’s a death sentence because Israel is going to be democratic through procedures and elections.”
Unlike other democratic countries, Israel has fewer protections due to the parliamentary system.
“Israel has a shortage of checks and balances, no cameras [legislature],” Fuchs noted.
Other legal experts agree that the effects of the repeal law cannot be understated.
According to Israeli news Iioto Astronoto130 lecturers and professors of Israeli law schools signed a petition on Sunday warning that the proposed law would seriously violate human rights protections and “be regretted for years.”
Dan Yakir, the chief legal adviser for the Association for Civil Rights in Israel, said that the law abolishing the “death penalty” would not eliminate the courts and prevent them from protecting human rights and small people.
“There is no real division of powers between the government and the Knesset,” Yakir told Line Media. “The Knesset is powerless because the coalition government also controls the Knesset. Because of this limitation, it is important to have a court against the government in order to ensure proper checks and balances.”
Yakir believes that it will be only one stroke in a thousand cuts to Israeli democracy. Other important laws, he said, will add to this harm, the most important being that the government will also try to control the appointment of Supreme Court judges, a task that is being carried out by a group of judges, resident judges and lawyers.
Another possibility is that the ruling party will try to get rid of Netanyahu’s corruption trial.
“All these actions have a serious impact on democracy,” Yakir said.