Henry Srebrnik, a professor of political science at the University of Prince Edward Island, provided the following opinion article. Following a string of ...
Among the proposed reforms are changes to the system of judicial appointments, clear delineation of the conditions under which the Supreme Court can void laws, and an override clause. The latter would allow the Knesset to pass a law overruling a Supreme Court decision striking the law down.
U.S. Ambassador to Israel Tom Nides met Jan. 26 with over a dozen leading Israeli business and tech executives, most of whom warned him that this would likely harm Israel’s economy.At the heart of the new reform lies the judiciary’s ability to annul laws enacted by the Knesset, Israel’s parliament. Right now, there are no formal limitations on such judicial review. It remains to the discretion of the court to decide whether to discuss a petition from any citizen.
But in the 1990s, Aharon Barak, then the chief justice of Israel’s Supreme Court, pronounced a “constitutional revolution” and arrogated to his institution more power, including the right to overturn any piece of legislation. There is a very serious danger to democracy when voters feel that no matter how they vote, policies will not change because an unelected branch of government prevents them from changing. Taking away this ability, or harming it in a major way, is contrary to the very basic principle of liberal democracies.
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