Override clause (Hebrew: פסקת התגברות) is a proposed Israeli law which would give the Knesset the power to override the Basic Laws and the rulings of the Supreme Court.
It is one of the key issues on the agenda of the 37th Israeli government. The law would give the Knesset the right to re-enact, by a simple majority, a law declared unconstitutional by the Supreme Court. Some of the drafts of this law would also enable the Knesset to preemptively shield laws from judicial review.[1]
The proposed override clause has been criticized for limiting the constitutional review powers of the Supreme Court, thus removing the checks and balances on the power of the majority, which would endanger human rights and the rights of minorities. According to the Israel Democracy Institute, the Supreme Court has used its constitutional review power with restraint.[1]
According to its supporters, the override clause would prevent overreach by the Supreme Court. They say that in Israel, unlike other countries where constitutional review is practiced, the Supreme Court judges are not appointed by elected bodies and therefore the powers of the Supreme Court need to be limited.[2]
See also edit
References edit
- ^ a b "The Override Clause Explainer". The Israel Democracy Institute. Retrieved 17 January 2023.
- ^ דותן, יואב (2021). "הביקורת השיפוטית במסגרת חוקה: שאלת האחריותיות-מבט השוואתי" (PDF). משפט וממשל. תשס"ז: 517.