The Jerusalem Post
Jpost search icon google-icon iphone
  Set as Homepage
Thu, May 23, 2013   14 Sivan, 5773
newspapers magazines
 
    • Breaking News
    • Diplomacy & Politics
    • Defense
    • National
    • Mideast
    • Syria
    • Iran
    • World
    • Business
    • Sports
    • Health & Science
    • Environment
  • Video
  • Opinion
    • Columnists
    • Editorials
    • Op-Eds
    • Letters
  • Jewish World
  • Lifestyle
    • Arts & Culture
    • Food & Wine
    • Travel
  • Features
    • Insights & Features
    • Week in review
    • On the Web
    • Shalva Superheroes
    • Obama in Israel
  • Blogs
    • In the news
    • Judaism
    • From the Middle East
    • Lifestyle
    • Aliya
    • Science and Technology
  • JPost Apps
    • iPhone app
    • iPad app
    • Android app
    • Twitter
    • Facebook
    • RSS feeds
    • JPost Toolbar
    • JPost Newsletter
    • JPost Alert
  • Premium Zone
    • The Jerusalem Report
    • The Experts
    • 20 Questions
    • e-paper
    • Ivrit
    • Christian Edition
    • Dash
    • Magazine
    • Metro
    • In Jerusalem
  • French
    • Politique & Social
    • Affaires Palestiniennes
    • Diplomatie & Monde
    • Art & Culture
    • Israel
  • Green Israel
JPost Learn Hebrew  
Advertise with us  
Nefesh Guided Aliyah  
Eldan  
AFMDA  
Africa Israel Group  
Isram Group  
Kupat Ha  
JPost Twitter  
JPost Facebook  
Classifieds  
         
 
 
    
Breaking News
 
 
  • JPost.com
  • National News
 

Rivlin, Meridor call on Knesset to legislate constitution

By LAHAV HARKOV
LAST UPDATED: 12/20/2011 03:31
Tweet

House Speaker: Judicial activism has gone too far, public now sees court as politicized, Knesset as cheapened.

Likud MK Reuven Rivlin
Likud MK Reuven Rivlin Photo: Marc Israel Sellem
Knesset Speaker Reuven Rivlin, Intelligence Agencies Minister Dan Meridor and Government Services Minister Michael Eitan called for further Basic Laws, leading to a constitution, to be passed to protect democracy, while speaking at a conference commemorating 20 years since the passing of Basic Law: Human Dignity and Liberty and Basic Law: Freedom of Employment.

The event, titled “20 Years Since the Human Rights Revolution,” took place in the Knesset and was organized by Tel Aviv University, Haifa University, the Hebrew University and the Interdisciplinary Center in Herzliya.

Rivlin explained to the former Supreme Court justices, MKs, Harvard Law Professor Frank Michelson and law students attending the conference that, while recent bills threaten and try to limit the High Court of Justice, they are a reaction to a system of “intervention and expanded justiciability” without public discourse.

“I am concerned about [judicial] activism, justified or not, that goes too far in the High Court, and made it seem politicized in the eyes of sectors in the Israeli public,” Rivlin said.

“The judiciary threw itself into the deepest conflicts in Israeli society, without the public agreeing to it.”

The result of the “judicial revolution,” in which Basic Laws are treated like a constitution and used to cancel legislation, is that the Knesset has been cheapened, Rivlin said.

According to the Knesset speaker, now, more than ever, a Basic Law on legislation is necessary to fully separate the branches of government and determine the courts’ ability to intervene in the Knesset’s work. His call was later echoed by Meridor and Eitan.

If such a Basic Law is not passed soon, Rivlin stated, the Knesset is likely to pass bills that will intervene in judicial affairs.

He also said that these bills, such as one suggesting that potential Supreme Court justices undergo a public hearing in the Knesset, are not inherently bad, and are worthy of discussion and argument.

However, according to Rivlin, the problem with legislation on the judicial system is the rhetoric and tone that go along with them, which seek to delegitimize and take revenge on the courts.

“The legislative branch and the judicial branch [of government] are on a collision course, and the only victim in this battle is Israeli democracy,” Rivlin explained.

Meridor called for the constitution to be completed, which he said would require two more Basic Laws – one on legislation and one regarding human rights – to be passed.

“Unfortunately, the constitution cannot be completed at this time,” Meridor said, referring to haredi parties in the coalition that automatically veto any Basic Laws.

In the meantime, “essential” rights such as freedom of speech are being established by the courts and not legislated by the “passive” Knesset, according to the Intelligence Agencies minister.

Meridor pointed out that a constitution would strengthen democracy in Israel by enforcing the rights of the minority, explaining that democracy is not just the rule of the majority, but a protection from tyranny by the majority.

Also speaking at the conference, Eitan said that by approving two Basic Laws 20 years ago, the Knesset did not intend to create a constitution.

However, then-Supreme Court justice Aharon Barak interpreted the Basic Laws to mean that the court has increased authority and may annul bills passed by the Knesset.

Eitan called for a constitution, because “every branch of government takes its authority and stretches it out to the point where it becomes absurd, each interpreting the law in a different way.”

All of the clashes between the judiciary and the Knesset, Eitan explained, are due to the fact that “the Knesset didn’t do its job” in writing a constitution.

As a result, the public is disappointed in its elected representatives, he added.
  • Send
  • Large
  • Small
  • Print
  • Share
This article is by :
Lahav Harkov

Follow @LahavHarkov
Recent stories:
  • The Weekly Schmooze: Weiner puns galore
  • MK Stern’s bill on chief rabbi panel pas...
  • Anti-sexual harassment bills clear hurdl...
  • 'Jenin, Jenin Bill' approved in early vo...
Most Viewed in
1
Lithuanian FM: Heed settlement goods label issue
2
'Police fired into room where Alon held hostage'
3
Beersheba mayor: Our whole city is wounded
4
Haredi family illegally crosses border into Jordan
JPost Community
Tweet
Reuven Rivlin Dan Meridor Michael Eitan constitution Knesset Basic Law
Share this article
Tweet
Share
Send
Your comment must be approved by a moderator before being published on JPost.com. Disqus users can post comments automatically.

Comments must adhere to our Talkback policy. If you believe that a comment has breached the Talkback policy, please press the flag icon to bring it to the attention of our moderation team.
JPost Services
conferenceConference
newsletterNewsletter
iphoneMobile Apps
kotelcamKotel Cam
kolboJPost Alert
premiumPremium
JPost TV News  
Mobile Apps  
Bank Hapoalim  
Meir Panim  
Yad Ezra  
Rambam Hospital  
TourLuxe  
Zev Goldstein PLLC  
Penrose Gallery  
JPost Premium Zone  
JPost kotel Camera  
         
 
Israel Focus
JPost TV News
Coming soon to a screen near you!  
Nefesh B'Nefesh Guided Aliyah
Already living in Israel? Enjoy the Benefits of Aliyah!  
Give "Freedom" this Passover
to needy Israeli families. Donate now  
War Threatens
Protect the People of Northern Israel  
China Suppliers
 
Intelligence Squared
The international debate forum, announces it is coming to Israel  
Bank Hapoalim
Israeli's number one bank  
Jerusalem Post Lite
Lite Edition of the Jerusalem Post for English improvement  
Learn Hebrew with us
Get 10 minutes free personal coaching in Hebrew through phone or Skype  
JPost newspapers
Sign up for the JPost newspapers and receive one month free subscription  
Kosher English Magazine
English language weekly magazine - especially for religious people  
JReport Kindle Edition
Now you can get the Jerusalem Report directly to your Kindle  
JPost Premium Edition
The very best articles are available only in our Premium edition  
Lifestyle Magazine
 
 
Real Estate
Don't Look For a House!
In Israel, our website will do it for you!  
 
Travel
Eldan Rent a Car
20% off all Car Rental Reservations in Israel  
Hertz Car Rental
Special Online Discounts!  
The King David Jerusalem Hotel
One of the world's truly iconic hotels, and a Jerusalem landmark  
 
 
 

Sites Of Interest:

Jerusalem Hotels
KKL-JNF
Poalim Online
BreitBart.com
Our Friends
Jerusalem Attractions
Jerusalem Tours
itraveljerusalem.com

JPost sites:

Learn Hebrew
The Jerusalem Report
Our Magazines
JPost Edition Francaise
Green Israel
Christian World
Jerusalem Post Lite

Services:

JPost Mobile Apps
JPost Premium
JPost Newsletter
JPost Toolbar
JPost News Ticker
JPost RSS feeds
JPost Archives
JPost Alert
JPost Kotel Cam

JPost Conferences:

NYC Conference
Diplomatic Conference

Information:

About Us
Feedback
Staff E-mails
Copyright
Sitemap
News Partners
Advertise with Us
Statistics
Ad Specs
Terms Of Service
Jpost.com, the online edition of the Jerusalem Post Newspaper - the most read and best-selling English-language newspaper in Israel. For analysis and opinion from Israel, the Jewish World and the Middle East. Jpost.com offers expert and in-depth reporting from Israel, the Jewish World and the Middle East, including diplomacy and defense, the Palestinian-Israeli conflict, the Arab Spring, the Mideast peace process, politics in Israel, life in Jerusalem, Israel's international affairs, Iran and its nuclear program, Syria and the Syrian civil war, Lebanon, the Palestinian Authority, the West Bank and Gaza Strip, Israel's world of business and finance, and Jewish life in Israel and the Diaspora.
 
About Us | Advertise with Us | Subscribe | Premium | Newsletter | RSS | Contact Us
 
All rights reserved © The Jerusalem Post 1995 - 2012