Justice Minister Daniel Friedmann's controversial motion to limit the Supreme Court's legislative leeway was brought before the cabinet Sunday, amid fierce objections.
High Court judges enjoy a vast legislative leeway which allows them to annul any Knesset act they feel may contrast the Basic Laws. Friedmann's reform aims to limit the High Court's ability to quash any legislation detrimental to human rights.
Prime Minister Ehud Olmert told his ministers he believed debating the motion was "crucial, as we need to create a balanced separation between the legislative, judicial and executive authorities. It is because this is such a controversial matter that this is a pivotal debate."
Friedmann's motion encountered objections within the Kadima party as well: Finance Minister Ronnie Bar-On said the motions "should be introduced to the cabinet only after the Ministerial Committee on Legislation has the chance to study it properly. This is not how things are done."
Checks and balances
"I can't sanction this motion," added Minister of the Development of the Negev and the Galil Jacob Edery. "This isn’t the time to discuss such things, not when this government is nearing the end of its term."
Interior Minister Meir Sheetrit reiterated, "I'm against this move. As a former justice minister I can support the notion that only the High Court will have the authority to quash laws; but I think the Knesset should be able to over rule any such decision, with a 70-MK majority, in order to keep the balance."
Labor Chairman and Defense Minister Ehud Barak said Sunday that his party was "adamantly against limiting the Supreme Court's authorities. A government in this condition cannot grant motions like Justice Minister Friedmann's."
Social Affairs Minister Isaac Herzog said that "(Labor) called on many of the ministers and the party heads and we told them that this motion negates the coalitional agreements. Labor is against this bill. As important as the debate itself is, this isn’t the time for it. Moreover, we will not be party to challenging the Supreme Court's authority."
Industry, Trade and Labor Minister Eli Yishai (Shas), however, said that while he has several reservations about the bill, but he may support the motion just the same.
Should Friedmann's motion be carried through, it would be the first time in Israeli's history, that the Supreme Court's authority to annul laws passed by the Knesset will be clearly defined in the statute. The court's authority in the matter thus far has been derived from a precedent set by the Supreme Court itself.
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