Gab­bay: I’ll stop Bennett, Shaked ‘counter-rev­o­lu­tion’ against courts

The Jerusalem Post - - NEWS - • By GIL HOFF­MAN

La­bor chair­man Avi Gab­bay promised on Satur­day to do ev­ery­thing pos­si­ble to pre­vent the pas­sage of what Ed­u­ca­tion Min­is­ter Naf­tali Bennett and Jus­tice Min­is­ter Ayelet Shaked have called a “counter-rev­o­lu­tion” to push back against de­ci­sions by the High Court of Jus­tice.

Bennett and Shaked’s pro­posal would at­tempt to re­store what they be­lieve is the proper sep­a­ra­tion of pow­ers be­tween the leg­isla­tive, ex­ec­u­tive and ju­di­cial branches af­ter the Supreme Court, sit­ting as the High Court, has over­turned cabi­net de­ci­sions and leg­is­la­tion in re­cent months that would have pre­vented draft­ing more ul­tra-Ortho­dox men, per­mit­ted ex­pelling more mi­grant work­ers, al­lowed the out­post of Mi­gron to re­main, and ini­ti­ated a tax on those who own three apart­ments.

One new Ba­sic Law would both cre­ate a mech­a­nism for the Knes­set to over­ride the High Court if it strikes down a law, as well as set­ting out spe­cial pro­ce­dures for laws that the court would not have the power to strike. Another Ba­sic Law pro­posed by the Bayit Ye­hudi min­is­ters would re­de­fine the pa­ram­e­ters of the bal­ance be­tween Is­rael’s demo­cratic and Jewish prin­ci­ples to lean more in fa­vor of Jewish prin­ci­ples.

“This pro­posal would de­stroy the ba­sis of the le­gal sys­tem’s in­de­pen­dence and make it into a body with po­lit­i­cal con­sid­er­a­tions,” Gab­bay said at a Shabbat cul­tural event in Pe­tah Tikva. “I op­pose this and I be­lieve the prime min­is­ter will also op­pose it.”

Prime Min­is­ter Ben­jamin Ne­tanyahu has not re­sponded to the pro­posal, which Bennett and Shaked re­vealed on Thurs­day night. But coali­tion chair­man David Bi­tan, who is close to Ne­tanyahu, spoke in fa­vor of it on Satur­day on Chan­nel 10.

“The Supreme Court has tram­pled the au­thor­ity of the Knes­set and the cabi­net,” Bi­tan said. “In the cur­rent sit­u­a­tion, they are the ones who de­cide what is done in this coun­try.”

Bennett re­sponded to Gab­bay by ac­cus­ing him of not read­ing his pro­posal.

“We do not in­tend to harm the ju­di­cial in­de­pen­dence or the stature of the Supreme Court,” Bennett said. “The op­po­site is true. The public stopped trust­ing the Supreme Court be­cause of the feel­ing that it took au­thor­ity that does not be­long to the ju­di­cial branch and has tied the hands of the govern­ment to pre­vent it from gov­ern­ing.”


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