Attorney General Weinstein opposes bill to bypass High Court
Bill aims to reenact overturned laws, in attempt by MK Ayelet Shaked to revive Infiltration Law.
Attorney General Yehuda Weinstein said Thursday evening he fiercely opposes the proposal of an override clause to the Basic Law of Human Dignity and Freedom being initiated by MK Ayelet Shaked of the Bayit Yehudi party.
The bill to bypass the High Court will reach the ministerial committee on legislation this coming Sunday, a day before the start of the Knesset's winter term.
The bill, initiated by MK Ayelet Shaked after the dismissal of her bill to permit asylum seekers to be held indefinitely, proposes an override clause to the Basic Law on Human Dignity and Freedom. The override will enable the Knesset to reenact laws overturned by the High Court on the terms they violate the Basic Law.
"The Attorney General's position is to oppose the bill strongly," said Weinstein's office. "This is mainly for the reason that the proposed arrangement allows the Knesset to violate the rights of the individual without significant restrictions or procedures, except for the feeble demand for support of at least 61 members of the Knesset," his office said.
The bill proposes that the Knesset should be able to reenact laws overturned by the High Court with the approval of 61 of the 120 members of the Knesset.
It was also said that "according to the Attorney General's position, the proposition of the bill is an essence an abandonment of the Basic Law on Human Dignity and Freedom as a constitutional norm to prevent the power of the majority in a democracy to harm minorities."
Shaked requested that the new bill be similar to an amendment to the Basic Law: Freedom of Occupation. The amendment limited the power of the high court to overturn Knesset laws in order to strengthen the Knesset against the high court and prevent the overturning of bills such as the Anti-Infiltration law which was denied recently and was the reason for Shaked's High Court bypass initiative.
Aviel Magnezi contributed to this report.
