Justice & Institutions
Overriding the court
The Knesset should be able to re-pass a law the Supreme Court strikes down.
Israel has no constitution. Since a 1995 ruling, the Supreme Court strikes down laws that clash with the Basic Laws.
What is at stake
Israel has no constitution. The Knesset passes "Basic Laws", and since a 1995 ruling the Supreme Court strikes down ordinary laws that clash with them. An override clause would let the Knesset pass a struck-down law again, with a majority fixed in advance: 61 members out of 120, or more.
The case for
- No statute ever gave judges the power to strike down laws. The Court took it in a ruling of its own.
- An override puts the last word back with elected members. Judicial review stays, as a warning rather than a veto.
- Canada has a notwithstanding clause in its Charter of Rights and remains a working democracy.
The case against
- Israel has no constitution, no second chamber, no federal states and no presidential veto. Nothing else restrains a majority.
- A coalition holds a Knesset majority by definition. Judicial review is the only brake it does not control.
- At 61 votes, the same majority that passed the struck-down law passes it again, word for word.
Both sides get the same number of points at comparable length. That is a rule of this site, not a coincidence.
What the next Knesset could decide
The next Knesset could amend Basic Law: Human Dignity and Liberty, or pass a Basic Law: Legislation containing an override. The number matters more than the principle: 61, 65 or 70. It is usually written into the coalition agreement.