Posted on Feb 5, 2023
Israel's far-right government wants the power to override its Supreme Court
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https://www.npr.org/2023/02/04/ [login to see] /israel-supreme-court-far-right
Despite overwhelming domestic protest and concerns from the U.S., Israel's most far-right government in history is doubling down on its plan to fundamentally remake Israel's system of government by weakening the powers of the judiciary.
The chief justice of Israel's Supreme Court has said the proposal would be a "fatal blow to democracy." Israel's attorney general on Thursday said it would give the government "almost unrestrained power" and "weaken constitutional protection over ... human rights."
Tens of thousands of Israelis have mounted the largest street protests the country has seen in years, with the fifth consecutive weekend demonstration planned for Saturday.
Despite overwhelming domestic protest and concerns from the U.S., Israel's most far-right government in history is doubling down on its plan to fundamentally remake Israel's system of government by weakening the powers of the judiciary.
The chief justice of Israel's Supreme Court has said the proposal would be a "fatal blow to democracy." Israel's attorney general on Thursday said it would give the government "almost unrestrained power" and "weaken constitutional protection over ... human rights."
Tens of thousands of Israelis have mounted the largest street protests the country has seen in years, with the fifth consecutive weekend demonstration planned for Saturday.
Israel's far-right government wants the power to override its Supreme Court
Posted from npr.org
Israel
Law
Supreme Court
Posted 2 y ago
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WOW-GOODNESS-CONSTANT REFORM: PO1 William "Chip" Nagel good day Brother William, always informational and of the most interesting. Thanks for sharing, have a blessed day!
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Reading the article and then doing additional research, it seems the central controversy is on the ability of the legislature to make a judiciary ruling non-binding with a majority vote. Of course, this is very close to what the President's Commission On The Supreme Court proposed* last year and I didn't hear an outcry about it then (they spelled out a strategy to override 'after the fact', but also taking the ability of the Supreme Court to render judgement on something completely away). Personally, I find statements from the 'right' or the 'left' to strip the power equally offensive to the checks and balances in a democratic government.
The other proposals the Israeli Justice Minster put forth shouldn't be upsetting to any other American - that's what we've always done here (the legislature appoints the judges and the legislature can re-legislate any law the court strikes down).
Objections to meddling with a court only seems to come if it is proposed "by the other side". It's fine when "our side" does it, but it has a nefarious reason when done by "their side".
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* https://www.whitehouse.gov/wp-content/uploads/2021/08/Professor-Christopher-Jon-Sprigman.pdf
Excerpts - "In this written testimony I will focus in depth on what I believe to be the most promising strategy for reducing the power of courts. That is for Congress to use the power that the Constitution has always given it to override, in appropriate cases, decisions of the Supreme Court and indeed any federal court ... through Congress’s Article III authority to strip the jurisdiction of both the Supreme Court and the lower federal courts. Congress’s virtually plenary power to determine courts’ jurisdiction is, if used with discretion and determination, a power to enforce Congress’s interpretations of the Constitution’s meaning, and to deprive courts of jurisdiction to review those interpretations."
The other proposals the Israeli Justice Minster put forth shouldn't be upsetting to any other American - that's what we've always done here (the legislature appoints the judges and the legislature can re-legislate any law the court strikes down).
Objections to meddling with a court only seems to come if it is proposed "by the other side". It's fine when "our side" does it, but it has a nefarious reason when done by "their side".
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* https://www.whitehouse.gov/wp-content/uploads/2021/08/Professor-Christopher-Jon-Sprigman.pdf
Excerpts - "In this written testimony I will focus in depth on what I believe to be the most promising strategy for reducing the power of courts. That is for Congress to use the power that the Constitution has always given it to override, in appropriate cases, decisions of the Supreme Court and indeed any federal court ... through Congress’s Article III authority to strip the jurisdiction of both the Supreme Court and the lower federal courts. Congress’s virtually plenary power to determine courts’ jurisdiction is, if used with discretion and determination, a power to enforce Congress’s interpretations of the Constitution’s meaning, and to deprive courts of jurisdiction to review those interpretations."
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