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18 Adar 5767 - March 8, 2007 | Mordecai Plaut, director Published Weekly
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NEWS
MK Ravitz Presents Proposal to Limit High Court's Authority

By Eliezer Rauchberger

"I have no doubt the Knesset has a problem with the High Court and there is no dispute over this and something has to be done. The Knesset has an obligation to consider this matter and have its say," MK Rabbi Avrohom Ravitz told the Knesset plenum as he presented his proposal to limit the authority of the High Court by denying it the ability to annul Knesset legislation. According to the proposal if the High Court finds a certain law does not meet the test of the Foundation Laws or the test of normative conduct, the High Court would recommend that the Knesset reconsider the piece of legislation, but the Knesset would have the right to let the law stand.

Following a request by the new justice minister, Professor Daniel Friedman, Rabbi Ravitz agreed to delay the preliminary vote to give him time to study the proposal in depth.

Rabbi Ravitz began his presentation by naming a list of professors and well-known figures and jurists who expressed unqualified support for the High Court in the past but now back limits to its authority. He also quoted the Knesset Chairman regarding a demand that the High Court make greater efforts to uphold the honor of the Knesset.

"Wisdom is not found solely among the High Court judges," he said. "The Knesset also has professors and jurists and the Knesset is no less sensitive to individual and minority rights than the High Court. The [High Court] cannot come along and say all 120 members of the Knesset do not have a sufficient sense of responsibility. I respect the judges, but do they have more wisdom and morality than the rest of us? Are we groping in the dark? We do our work openly therefore my proposal is a worthy one."

 

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