Barak: Public must be involved in determining court's authority - Haaretz

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Sun., November 11, 2007 Kislev 1, 5768

Israel Time: 13:48 (EST+7)

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		Retired Supreme Court president Aharon Barak. (Dan Keinan)

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Last update - 12:44 11/11/2007

Barak: Public must be involved in determining court's authority

By Yuval Yoaz, Haaretz Correspondent

tags: aharon barak, Supreme Court

Defense Minister Ehud Barak said Sunday that clashes over the planned reforms in the judicial system must not turn into a personal battle.

Prior to a cabinet meeting, Barak said that the argument between retired Supreme Court president Aharon Barak and Justice Minister Daniel Friedmann "must not be solved by arm-twisting, but through a public hearing."

On Saturday, the retired Supreme Court president criticized a bill promoted by Friedmann to limit the authority of the High Court to strike down laws made by the Knesset.

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Barak said in a speech that such a law would negate the High Court's authority to scrutinize possible clashes between ordinary laws and nine of the 11 Basic Laws.

Speaking last night at the Hezliya Interdisciplinary Center, Barak said that "the bill now on the table comes to determine that when an ordinary law contradicts a Basic Law, the Basic Law is not superior except in two cases, the Basic Law on Human Dignity and Liberty and the Basic Law on the Freedom of Occupation. All the other laws will become, if this amendment passes, like ordinary laws."

Without mentioning the justice minister by name, Barak listed nine Basic Laws he said the Knesset could abrogate with an ordinary law if the amendment proposed by Friedmann to the Basic Law on the Judiciary passes.

He added that by the same means the Knesset could "annul the High Court of Justice, the subordination of the army to the civilian authorities, or Jerusalem as the capital of Israel.

"When the court determines that a law of the Knesset contradicts a Basic Law and therefore it annuls it, that does not weaken the Knesset, it strengthens it," Barak said, adding that he would be very sorry if the constitution now under consideration "marched backward" and "annulled judicial oversight."

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1.	a court that sets its own jurisdiction is a kangaroo court!	13:43	\|	victor hardman	11/11/07

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