It is a pivotal time in Israel’s constitutional history and a chance to protect and uphold the fundamental principles of democracy. The government is taking up steps to restructure the legal system and introduce the ” Overriding Provision”.
FACTS OF THE CASE :
Nine weeks have passed since protests against the government’s actions in the nation’s capital began. Prime Minister Benjamin Netanyah is restructuring the legal system with the proposal of reforms. The administration is introducing the “Override provision,” which is the most divisive aspect of these ambitious changes.
The reforms, when combined with other measures, amount to an accumulation of legislative and judicial powers in the hands of the executive government because they give the elected government significant influence over the appointment of judges and restrict the Supreme Court’s ability to rule against the executive or overturn legislation that violates citizens’ rights. This is with respect to the Judicial Review of the justice system.
JUDGEMENT:
The Architect of these Reforms, Justice Minister Yariv Levin, stated that the Government is moving the legislation forward at a fast pace and is dedicated to getting it passed before the conclusion of the current Knesset term.
The primary goal of this bill is to supersede the protections provided by the “Basic Law: Human Dignity and Liberty,” which was adopted by the Israeli Knesset in 1992. The de facto constitution of Israel consists of these “Basic Laws.” The Basic Law: Human Dignity and Liberty provides a number of fundamental human rights, including freedom of expression, freedom of religion, and the right to privacy.
Significantly, judicial review is established as a fundamental concept of the Israeli legal system by the Basic Law: Human Dignity and Liberty.
The statute gives the Supreme Court of Israel the authority to overturn any legislation that infringes on the fundamental liberties and rights that are guaranteed.
The Supreme Court of Israel also brought this up in the famous “Bank Hamizrachi” case, also known as the “Bank Mizrahi-Tefahot case,” from 1982, where it ruled that the division of powers principle is a cornerstone of the Israeli legal system and that the independence of the judiciary is crucial to uphold the rule of law and safeguard citizens’ individual rights.
JUDGEMENT REVIEW BY SREYA MARY.
