Not the People’s Choice: The Supreme Court is trampling over democracy by crowning itself King of Israel and King of the Knesset

In an appalling abuse of judicial power, Israel’s Supreme Court judges recently ruled that their small elite group of six individuals would be the ones to decide what they consider a Basic Law good enough for Israel’s constitution, and not the Israeli public through its democratically-elected Knesset representatives. 

Knesset Ministers responded in outrage that this is an infringement on the authority of the Knesset and that the Supreme Court is trampling on the constitutional rights of the Israeli public. 

Why exactly does this last court ruling overstep the mark? 

All prior rulings by the Supreme Court have been based on the Knesset legislation i.e. The decisions were not made by the judges but by the people themselves.

On this occasion, as in 2017, when the issue first arose, the Supreme Court’s decision was based solely on the judges’ own discretion.

In the latest ruling of May 2021 Chief Justice of the Supreme Court of Israel, Esther Hayut, went one step further, and one step too far. She legislated, without lawful consultation, that there must be three criteria that every Basic Law must meet in order to be considered a Basic Law. By ruling in this way she expands the court’s power and jurisdiction in relation to Israel’s sacred Basic Laws.

In practice this means that the people and their elected representatives can write laws for the constitution, but should the court not like the law or should they not personally agree with its values, they can disallow it. This is a direct violation of our nation’s democratic rule of law and crucially it is not for the Supreme Court to decide.

Israel’s Supreme Court has placed itself above the Knesset, above the public it represents and above democracy. The Supreme Court has essentially crowned itself absolute ruler of Israel.

To read the full article in Hebrew first published by Ynet please click here.