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Legal Battle

Photo: Yaron Brener
Friedmann tries to sweeten the pill  Photo: Yaron Brener
 
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Beinish. 'Unacceptable'  Photo: Gil Yohanan
 
 

Beinish: Human rights weakened because of Friedmann

Ministerial Committee for Legislative Affairs to discuss justice minister's suggestion to limit High Court's authority, allow Knesset to re-legislate law which court invalidated. In attempt to win wide support, Friedmann softens proposal, specifies court's right to intervene

Aviram Zino
Published: 11.04.07, 08:13 / Israel News

The Ministerial Committee for Legislative Affairs on Sunday morning is expected to determine the government's stance regarding Justice Minister Daniel Friedmann's proposal to limit the High Court's authority to invalidate laws.

 

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According to the bill "Amendment – Judicial criticism of the validity of laws", the Knesset will be allowed to revote and reapply a law which was annulled by the High Court.

 

The law will be valid for a period of five years unless the Court decides to invalidate again. In this case, the Knesset will be able to re-legislate it.

 

This bill has evoked, once again, the conflict between Supreme Court President Dorit Beinish, and Justice Minister Daniel Friedmann.

 

Beinish strongly objects to the bill, claiming it will weaken the Court's authority. "This measure will have a negative effect on human rights in the country," she said.

 

Friedamnn, on the other hand, attempted to neutralize Beinish's objection by ruling that a special majority of 66 Knesset members will be required to re-legislate a law annulled by the Court.

 

Beinish said in response that "the bill calls for a relatively small majority in the third reading to determine the status of a law that contradicts the basic human rights law. For comparison, a change in a basic law requires an 80 MKs majority in all three readings."

 

Friedmann believes that his bill will actually strengthen the court. For the first time, the court's authority to invalidate laws will be set in law.

 

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