JUDICIAL REVOLUTION
What are the changes that the government has proposed? In short:
- Changing the composition of the judicial selection committee so that the coalition has the majority.
- Requiring between 80% and 100% of Supreme Court judges to agree in order to render Knesset legislation unconstitutional.
- Implementing an override clause that would allow the Knesset to overrule the court and move forward with legislation the judges have said is unconstitutional.
- Making Basic Laws immune from judicial review, regardless of their content.
- Removing the ability for the courts to render decisions by the government “unreasonable.”
- Diminishing the role of the attorney-general and government legal advisers by making the status of their legal opinions non-binding and allowing state officials to access private legal advice instead.
How do these statutes hold up in comparison to Israel’s closest ally, America?
Israel vs. the United States
The most crucial difference between the United States and Israel is that America has a formal, written and entrenched constitution. Making amendments to the Constitution is very difficult and cannot be done by the legislative branch alone. Rather, amending the Constitution requires a two-thirds majority of both Congress and Senate; then the amendment must be passed to the states, where it must be ratified by a three-quarters majority.
“America has a constitution that protects the people from the government,” says Bar-Siman-Tov. “The government cannot change the Constitution at its own will. The United States has one of the most demanding constitutional amendment mechanisms in the world.”
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