The Heads of Coalition Parties Challenge Supreme Court’s Authority in Fortification Issue

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Head of Coalition Parties Issue Joint Statement Against Supreme Court’s Authority in Canceling Basic Laws

Jerusalem – The heads of the coalition parties issued a joint statement today, expressing their concern over the upcoming discussions in the Supreme Court regarding the issue of fortifications. They emphasized that the court does not have the authority to cancel basic laws or determine their effective date.

In their statement, the coalition leaders argued, “Nor does any court have the authority to cancel the election results or remove a prime minister, as it undermines the foundation of democracy.”

Referring to former President Aharon Barak’s views on the matter, the statement pointed out, “Such a decision destroys the common ground between the authorities that was agreed upon over the years and contradicts the express statement of former President Aharon Barak.” Barak had previously stated that the Knesset has the power to establish a basic law without constitutional judicial review. He emphasized that if a court deems a law unconstitutional, the Knesset can assert its authority by transforming the rejected law into a basic law.

In conclusion, the coalition leaders emphasized the need for calm and dialogue, stating, “The public in Israel is currently required to calm down, to talk, and agree. At a time like this, responsibility and restraint are required from all authorities.”

Knesset Speaker Amir Ohana also published a statement supporting the coalition leaders’ stance. He emphasized that, as the head of the legislative and constituent authority responsible for establishing basic laws, the judiciary does not have the authority to question their validity or content. Ohana maintained that this authority rests solely with the Knesset, and for the sake of democracy, the court must respect the decisions made by the legislative body.

The ongoing debate about the scope of the Supreme Court’s authority has caused significant tension between different branches of the government. As discussions in the Supreme Court approach, it remains to be seen how this issue will be resolved and what implications it may have for democracy in Israel.

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