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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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