Last update - 00:00 12/12/2006
Pines-Paz: Only seven justices or more should override legislation
By Yuval Yoaz, Gideon Alon, and Yoav Stern, Haaretz Correspondents
Labor MK and former interior minister Ophir Pines-Paz intends to propose a bill amending the Basic Laws to allow only High Court of Justice panels comprised of seven justices or more to overrule Knesset legislation.
Pines-Paz said in the existing situation any High Court panel can overrule Knesset legislation on the grounds that it violates the Basic Laws.
Pines-Paz's proposal comes during a day of varying reactions among lawmakers to the court's decision Tuesday to cancel the "Intifada Law," which exempts the government from compensating Palestinian civilians for damages incurred during Israel Defense Forces operations in the West Bank and Gaza Strip.
Pines-Paz said the High Court's ruling on the matter, which was unanimously approved by a nine-justice panel, should be respected.
MK Michael Eitan (Likud) warned that if the High Court of Justice continues to dismiss Knesset legislation, "the High Court will destroy Israeli democracy and the army's defense capabilities."
Eitan approached Knesset Speaker Dalia Itzik to request the Knesset be convened for an emergency discussion of the High Court's decision.
Other right-wing politicians also castigated the High Court's decision and called for legislative reform.
National Union chairman MK Benyamin Elon said, "The High Court of Justice, which dismisses laws and doesn't understand we are at war, is becoming on of Israel most substantial problems to Israel's existence. The system must be changed."
MK Arieh Eldad (National Union) said, "The time has come for Knesset to block the High Court, either by creating a legislation court or by changing the system for electing justices."
MK Zvi Hendel (National Union) said that the High Curt must "remember that with all due respect, the Knesset is the body in charge of legislation in Israel, and the High Court cannot change or cancel democratic decisions stated in clear Hebrew."
The right-wing MKs also criticized the decision's content.
MK Gideon Sa'ar (Likud) said that the ruling "turns the state's treasury into an ATM for Palestinian terrorism," and added that "no democracy should impose such distorted justice on itself."
MK Zevulun Orlev (National Religious Party) said that the High Court "has tied the Israel Defense Forces' hands and given terrorist organization the legitimacy to act under the sponsorship of the Palestinian population."
MK Otniel Schneller (Kadima) said the decision aids those who sponsor terrorism and is a direct detriment to IDF operations.
On the opposing side, Left-wing politicians praised the High Court's ruling and called on the Knesset to take the decision into account and restrain itself.
MK Dov Khenin (Hadash) praised the ruling, saying, "Again we see that the Knesset is trigger-happy when it comes to human rights-breaching legislation. On this, the day of human rights, I call on the Knesset to exercise self-criticism and examine its boundaries on this matter."
MK Chaim Oron (Meretz) said that "it is a shame that the coalition majority time and again leads us into situations in which the High Court s forced to override our decisions." He expressed hopes that the members of Knesset would honor the court's ruling.
MK Ran Cohen (Meretz) said, "Again we see that we are lucky to have the High Court of Justice, which time after time saves the Knesset and the government from themselves and is the last protector of human and civilian rights."
Meretz chairman MK Yossi Beilin, who had prevented the "Intifada law" from passing when he was justice minister, said that "The High Court has proven that the Knesset cannot exercise unrestrained freedom and ignore its responsibility to its actions in the occupied territories."
MK Zahava Gal-On (Meretz) said that the law was "unjust and immoral" and that the state wished to use it "to save money and relinquish responsibility for negligence by severely harming the basic rights of people who were hurt for no reason."
MK Ibrahim Sarsur (Ra'am-Ta'al) said the decision "send the IDF a message that not everything can be done in the name of security."
MK Mohammad Barakeh (Hadash) praised the "significant decision, which will allow the victims of the occupation to sue the state," even though "even the High Court can't compensate the people for the loss of their loved ones."
MK Ahmad Tibi (Ra'am-Ta'al) expressed doubts, saying that "the decision is good, but we shouldn't get too excited over it, because the High Court will soon approve assassinations, as it has in the past."
The Arab human rights organization Adala issued a statement on Tuesday saying they "welcome the ruling of the High Court which attacks the racist laws of the Knesset"