Knesset Speaker Amir Ohana and Prime Minister Benjamin Netanyahu have warned that the High Court of Justice could be on the verge of a “constitutional crisis” if it strikes down a Basic Law.
Ohana, a Netanyahu’s Likud party member, said in a Wednesday speech that the High Court is “overstepping its bounds” by considering a challenge to the Basic Law: Judiciary. This law, passed in July, gives the Knesset the power to remove judges from the Supreme Court.
Ohana argued that the High Court does not have the authority to strike down a basic law, which is a law that has a higher status than other laws in the Israeli legal system. He said that if the High Court does strike down a basic law, it would be “an unprecedented situation in a democratic country.”
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Netanyahu echoed Ohana’s warning, saying that the High Court is “trying to take over the Knesset.” He said that the Knesset is the “supreme authority” in Israel and that the High Court must respect its decisions.
The reactions to Ohana’s speech were mixed. Some legal experts agreed with him that the High Court does not have the authority to strike down a basic law. Others argued that the High Court is simply interpreting the law, and that it is not overstepping its bounds.
The opposition parties condemned Ohana’s speech, saying that it was a threat to democracy. Yair Lapid, the leader of the Yesh Atid party, said that Ohana’s speech was “a disgrace” and that it “does not speak for many members of the Knesset – including from the coalition.”
The High Court is expected to rule on the challenge to the Basic Law: Judiciary in the coming weeks. The ruling is likely to significantly impact the balance of power between the Knesset and the High Court.
