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7 Teves 5767 - December 28, 2006 | Mordecai Plaut, director Published Weekly
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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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