The Knesset plenum held a discussion on a motion for the agenda regarding “The court’s decision to issue an order nisi on amending a Basic Law was made without authority, and is void from its inception (void)” by MK Avichai Boaron.
MK Avichai Boaron: “This is a fundamental question. Who runs the State of Israel? Who leads it? Who received the authority to advance its affairs? Is it the sovereign people or the court? Does each branch operate within the scope of authority granted to it by law? Is there a limit to the judiciary in the State of Israel, or not?
An action without authority is void from its inception. This is a fundamental principle in every democratic regime. The Knesset is no longer an administrative authority. It is the legislative authority. There are directives, orders that we will not be able to uphold and execute, and it is fitting that the one sitting in the Supreme Court hear these words. In countless contemptible decisions, the High Court tramples the will of the people and the Knesset. There are judges in Jerusalem, but there are also legislators and a government in Jerusalem. The court is authorized to interpret Basic Laws, but not to nullify them. Disqualifying Basic Laws does not strengthen democracy, but rather undermines it.
The Knesset will not allow a situation where the court turns itself into a super-legislator. We are here to restore governability, and it doesn’t matter who controls this house – right or left. This is a motion for the rule of law and for the rule of the people.”
Minister of Justice, MK Yariv Levin: “This is an important and worthy motion for the agenda. The basis of any democracy is that no one holds all the powers, and no one is above the law, with oversight over everyone. There is a judiciary that is supposed to judge and decide on disputes and disagreements. It must do so within the framework of the law that the legislative branch establishes. We want three branches of government that have a balance between them. We want the court to deal with what it is authorized to do, and that certainly the Knesset’s legislation will be respected by everyone, including the judges.”
24 Members of Knesset supported raising the issue for the Knesset’s agenda and its transfer for discussion in the plenum. Two Members of Knesset opposed.
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