Former Justice Minister MK Ayelet Shaked today (Monday) addressed the issue of the overcoming clause in a post on her Facebook account.
Shaked wrote: “Let’s get some order in the” overcoming clause, “why it is so important and why the excuses of Knesset members from the Likud and the ultra-Orthodox parties are irrelevant, everyone.
It’s a little long, stay with me.
In the last 25 years, we have witnessed the erosion of the status of the Knesset by the courts.
How it manifests itself? Laws enacted by the Knesset are repeatedly rejected by the courts.
Only this year we experienced the repeal of the Settlement Act and the Deposit Act designed to encourage the exit of infiltrators, which indicates that our system has been distorted. The right to the last word passed to the judges of the Supreme Court instead of to the elected representatives of the people.
What does the law actually offer? The overruling clause allows for the first time a real constitutional dialogue between the legislature and the judiciary. It allows for a process that gives respectable weight to the position of the court, but preserves the principle of Knesset sovereignty. In situations where there is disagreement about the right balance between elected officials and judges, democracy requires that the right to the last word be preserved for the people and their elected representatives through new legislation.
On Wednesday, all Knesset members who carried the banner of regulating the relationship between the authorities will have the opportunity to stop talking and just do it. Over the years and in recent election campaigns in particular those MKs have promised their constituents to advance the issue. Without a coalition, without an opposition, just promote.
In recent days I have heard a variety of excuses from coalition members as to why they should not support the bill. I will smash them for you one by one, be focused:
“Even so, there are no 61 MKs to support” – there is no need for 61 MKs, a simple majority is enough. The Basic Law of Justice is not armored and therefore an amendment to it requires a simple majority.
“There are ministers and MKs in isolation” – the decision of all the faction leaders in the Knesset Speaker’s office was that every MK in isolation would receive a set-off. The Likud has not yet sought offsets from the opposition. Once they ask for the isolated – they will also receive.
“The mechanism recognizes the ability of the High Court to invalidate laws” – the High Court invalidates laws. This is a fact. And the overriding clause already exists in the Basic Law of Freedom of Occupation. Anyone who wants to continue grumbling without doing anything can.
4. “Why, as Minister of Justice, did you not promote it?” Well, I tried to promote and even distributed a memorandum, but the “All of Us” faction opposed it, so there was no majority in the 20th Knesset.
5. Blue-and-white statements about the “end of democracy” – so this is not the case. The overcoming clause, the dialogical model between the authorities, repeatedly respects the decision of the majority. Based on the essence of democracy through the preservation of the democratic procedure.
“This is the first time, I thought, that there are 61 MKs in the Knesset who support the overcoming clause. We are committed to passing it out of great faith in the people and democracy and out of a deep understanding of the need for a strong and independent court.