The Knesset took a first step toward reining in the High
Court this week when the House Committee unanimously exempted
MK Rabbi Avrohom Ravitz from having to table a bill he
drafted that would forbid the High Court from annulling laws
legislated in the Knesset.
According to Knesset regulations, from the moment an
individually sponsored law is tabled in the Knesset it cannot
be raised for discussion and a preliminary vote for at least
45 days in order to provide MKs and the government time to
study the proposal and decide how to relate to it. However,
the House Committee is authorized to grant an exemption from
the 45-day wait requirement.
Rabbi Ravitz' proposal would take away the High Court judges'
power to override the Knesset. The Knesset, as a forum of
political representatives, reflects a wide range of opinions
in Israeli society. Instead of rejecting laws legislated by
the Knesset, the High Court would only be permitted to call
the Knesset's attention to its legal opinion that a given law
violates a Foundation Law. The Knesset would then have the
option of altering the law to accommodate the Foundation Law
or leaving it unchanged despite the High Court's
objection.
Rabbi Ravitz told the House Committee that the Knesset
"should hurry to put an end to the unfair competition between
the legislative and judicial branches. It cannot be that 120
members of Knesset, who are elected by the public and
represent society in its entirety, work hard at the task of
legislation, attend Knesset plenum sessions three times, run
around at the various committees and pass a law with a
democratic majority only to have the court come along and
cancel the legislation in one fell swoop and call it
unconstitutional."
