Bill would prevent court from overturning laws

Two years ago MK Eitan proposed a similar law, but it failed in the second reading.

December 13, 2006 22:50
1 minute read.
Bill would prevent court from overturning laws

mk tartman 298.88 AJ. (photo credit: Ariel Jerozolimski)


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In the wake of a controversial series of rulings by the High Court of Justice, MK Estherina Tartman (Israel Beiteinu) submitted a bill Wednesday that would protect Knesset laws from being revoked by the High Court. On Monday, the High Court overturned the Knesset's "intifada law," allowing Palestinians who suffered material loss in "non-war" army operations carried out by IDF troops to press charges against Israel. "What the High Court is doing is criminal," said Tartman. "The Knesset is a democratically elected institution, and nine people should not be able to overturn our laws so freely." Tartman's bill alters a line in the Law of the Courts to clarify that the only body capable of changing laws is the Knesset. Currently, the practice of judicial review was established due to precedent by the High Court and not by any specific law or document that gives them the right. It is yet unclear if the coalition will support Tartman's law. Two years ago, MK Mickey Eitan (Likud) proposed a similar bill when he was chairman of the Knesset's Law and Constitution Committee. Eitan's law fell in the second reading, but Tartman said she would be interested in working with him to pass her current bill. Meanwhile on Wednesday, Tartman stepped down from her post as chairwoman of the Knesset State Comptroller Committee. Tartman had replaced MK Yuri Shtern (Israel Beiteinu) as committee head when Shtern stepped down due to illness six months ago. Tartman said it was not yet clear if she would be named head of another committee. Israel Beiteinu has demanded that the government give them control of the Finance Committee, but Tartman has said there has not yet been official talk on who would be appointed chairman of that committee.

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