Minister Amichai Eliyahu: Supreme Court Has No Authority To Invalidate Laws, Expecially Basic Laws

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JERUSALEM (VINnews) — Heritage Minister Amichai Eliyahu (Otzma Yehudit) condemned the decision by the Supreme Court Sunday regarding the “Tiberias Law”, and expressed concern that the court will see fit to invalidate the amendments to the reasonableness standard made by the government last week

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The so-called “Tiberias Law” allows the head of a caretaker committee to run in the local elections for the city in which he serves. Tiberias has been run by such an appointed committee since Interior Minister Deri ousted former mayer Ron Kobi. Opponents of the law had claimed that it gave an unfair advantage to the incumbent and was an unfair interference by the Interior Ministry in local municipality management.

The changes to the reasonableness standard amended the Basic Law: The Judiciary. Basic Laws are a group of laws intended, upon completion of the series, to form Israel’s constitution. A number of groups and political activists have petitioned the court to disqualify the government’s changes to the law.

Additionally, the court is due to discuss petitions calling for the suspension of Prime Minister Netanyahu from office due to his conflict of interest regarding the judicial reforms. The Attorney-General announced that she would not be defending the prime minister against these petitions, angering members of the ruling coalition who have called for her dismissal.

Speaking to 103 FM Radio, Minister Eliyahu, a son of Rabbi Shmuel Eliyahu, said that, “Everyone understands that the Supreme Court does not have the legal authority to invalidate laws. It’s not as if it received that authority at some point. It’s authority which it arrogated for itself in the 90s, and also, there is still a difference between invalidating a law which is a regular law, and invalidating a Basic Law.”

“Invalidating a Basic Law is something that has not yet been done here. It’s true that there were discussions, it’s a very very serious thing. I think it takes the law from the rule of law, which we all understand means the written word, and gives it to the rule of man. It’s a very dangerous thin


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5 Comments
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Yuddie
Yuddie
9 months ago

But when the Israeli Supreme Court invalidated laws that the right-wing was against, that was OK.
Then what’s the Supreme Court for, a rubber stamp for the existing govt? Thatxs exactly what failed states have and diktators love.

Alta Bubby
Alta Bubby
9 months ago

Absolutely correct!
About time!

Paul Near Philadelphia
Paul Near Philadelphia
9 months ago

Well, now that the mighty Heritage Minister has spoken, it is all decided.

Lgb
Lgb
9 months ago

If the SC in Israel strikes down this law, then we are in very grave danger

Mr. Cohen
Mr. Cohen
9 months ago

In the USA, the Supreme Court can cancel a law IF it contradicts The Constitution.

In Israel, the Supreme Court can cancel ANY law, simply because they don’t like it.

Stated another way:

The USA’s Supreme Court can cancel a law, IF there is a legal basis for them to do so.

Israel’s Supreme Court can cancel ANY law, even if there is NO LEGAL BASIS for them to do so, simply because they want to.

CONCLUSION: This system gives judges who were never elected more power than members of Knesset, who were all elected.