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NEWS
Rabbi Ravitz Tables Proposal to Keep High Court from
Annulling Laws Passed in Knesset
By Eliezer Rauchberger
MK Rabbi Avrohom Ravitz tabled a proposal on Monday to
prohibit any court, including the High Court, from annulling
laws that were duly legislated in the Knesset.
The proposal follows numerous incidents in which the High
Court rejected Knesset laws. The latest such law stated that
Palestinians who incur damages from IDF security activities
cannot sue the State for monetary damages. The High Court
allowed them to sue.
According to Rabbi Ravitz' proposal, if the High Court
reaches the conclusion that a particular law contradicts one
of the Foundation Laws it brings this to the Knesset's
attention. Upon receiving notice from the High Court, the
Knesset's Constitution, Law and Justice Committee would
consider the matter and decide whether to change the law to
make it consistent with the Foundation Law. If the
Constitutional Committee elects to change the law it would be
redrafted and brought before a Knesset plenum for
approval.
"The High Court judges do not have priority in any way over
the 120 Knesset members, who represent a range of opinions in
society," Rabbi Ravitz writes in the explanatory material on
the proposed law. "The judicial branch is entrusted with the
task of executing the laws and it does not have the authority
to annul Knesset laws which, according to its interpretation,
it deems unfit. If and when it sees any law is unsuitable it
shall turn to the Knesset, which will determine if [the law]
should be reviewed or rectified."
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