Proposed law aims to give Knesset full authority

[toomuchtime_]

MK Moti Yogev (Jewish Home) will submit a bill this week to remove the Israeli Supreme Court's unlimited control of Israel's laws and justice system.

The bill was suggested by the "Derech Chaim Movement," which aims to infuse Jewish values into Israel's government and legal system.

The new proposal would end the Supreme Court's ability to cancel laws of which they do not approve.

In a 30-page booklet, the organization explained the history of Israel's Supreme Court, and how previous justices progressively influenced the system until the court achieved the ability to intervene in the Knesset's lawmaking abilities as it does today.

The booklet suggests adopting a model similar to England's, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.

Israel does not have a basic law authorizing the Supreme Court to cancel new laws nor does it have a "checks and balances" system as does the United States. However, the Supreme Court has decided it has this authority because of how its justices interpret the basic law on "human dignity and liberty," although when this same basic law was passed, the lawmakers stated explicitly that it was "not intended to authorize the Supreme Court to cancel laws."

Proposed law aims to give Knesset full authority

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

 

[yiostheoy]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

 

[toomuchtime_]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

 

[MisterBeale]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

Of course they are, don't be daft.

 

[BlackFlag]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

You want to get rid of our system of checks and balances here, and disband the Judicial branch? If you claim the people want to, go ask your local congressman to present an admendment doing those things before congress. You'll find out quick what the U.S. people really want.

 

[toomuchtime_]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

You want to get rid of our system of checks and balances here, and disband the Judicial branch? If you claim the people want to, go ask your local congressman to present an admendment doing those things before congress. You'll find out quick what the U.S. people really want.

If you knew what the word, theocracy, meant, you wouldn't post something as stupid as claiming Israel is a theocracy and if you can't understand the difference between limiting the courts to the powers explicitly granted to them by the Constitution and disbanding the judicial system you are too stupid to understand anything that is happening in the US.

 

[BlackFlag]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

You want to get rid of our system of checks and balances here, and disband the Judicial branch? If you claim the people want to, go ask your local congressman to present an admendment doing those things before congress. You'll find out quick what the U.S. people really want.

If you knew what the word, theocracy, meant, you wouldn't post something as stupid as claiming Israel is a theocracy and if you can't understand the difference between limiting the courts to the powers explicitly granted to them by the Constitution and disbanding the judicial system you are too stupid to understand anything that is happening in the US.

The courts exist to make sure the constitution is not violated. If you want to stop them from doing that, go ahead and propose an amendment.

 

[toomuchtime_]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

You want to get rid of our system of checks and balances here, and disband the Judicial branch? If you claim the people want to, go ask your local congressman to present an admendment doing those things before congress. You'll find out quick what the U.S. people really want.

If you knew what the word, theocracy, meant, you wouldn't post something as stupid as claiming Israel is a theocracy and if you can't understand the difference between limiting the courts to the powers explicitly granted to them by the Constitution and disbanding the judicial system you are too stupid to understand anything that is happening in the US.

The courts exist to make sure the constitution is not violated. If you want to stop them from doing that, go ahead and propose an amendment.

The courts have no constitutional right to cancel laws the legislatures have passed and the President or a governor has signed, so when it does, the court, itself, is ignoring the Constitution.

 

[BlackFlag]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

You want to get rid of our system of checks and balances here, and disband the Judicial branch? If you claim the people want to, go ask your local congressman to present an admendment doing those things before congress. You'll find out quick what the U.S. people really want.

If you knew what the word, theocracy, meant, you wouldn't post something as stupid as claiming Israel is a theocracy and if you can't understand the difference between limiting the courts to the powers explicitly granted to them by the Constitution and disbanding the judicial system you are too stupid to understand anything that is happening in the US.

The courts exist to make sure the constitution is not violated. If you want to stop them from doing that, go ahead and propose an amendment.

The courts have no constitutional right to cancel laws the legislatures have passed and the President or a governor has signed, so when it does, the court, itself, is ignoring the Constitution.

If the law is taken to court and found to be unconstitutional, the Supreme Court may strike it down. That's called judicial review. Look it up.

If you don't like it, ask your congressman to propose an amendment neutralizing the power of checks and balances given to the judiciary. Good luck with that.

 

[yiostheoy]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

John Locke and other political philosophers of the 1700's developed and published the "separation of powers" concept so that Administration, Legislature, and Judiciary separated these powers so that no one of them can become as powerful as a king.

Separating these powers works nicely. It is the foundation of American representative government.

Any nation who wants to eliminate or limit one of these 3 is granting too much power to one of the other two ...

... Just like Adolf did when he seized power in Germany.

Is THAT what you want to have happen in modern Israel ??

If so then you have learned nothing from Adolf or from history and you will be condemned to repeat it (as per Santayana).

 

[toomuchtime_]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

John Locke and other political philosophers of the 1700's developed and published the "separation of powers" concept so that Administration, Legislature, and Judiciary separated these powers so that no one of them can become as powerful as a king.

Separating these powers works nicely. It is the foundation of American representative government.

Any nation who wants to eliminate or limit one of these 3 is granting too much power to one of the other two ...

... Just like Adolf did when he seized power in Germany.

Is THAT what you want to have happen in modern Israel ??

If so then you have learned nothing from Adolf or from history and you will be condemned to repeat it (as per Santayana).

Now you are just being silly. First, in a parliamentary form of government, there is no separation between the legislative and executive branches of government. The executive is created by the same party or coalition that controls the legislative branch.

Second, far from being the foundation of American democracy, allowing the courts judicial review of laws passed by the peoples' elected officials is clearly undemocratic. This is the sort of thing that goes on in countries like Iran, where "wise" old men in robes are able to nullify the power of the people. It is foolish to believe that justices are above the political fray when they so often split along ideological lines just as members of Congress do and when each party is eager to see whether nominee leans left or right before voting for or against them.

It is clearly undemocratic to give unelected, allegedly wise old men unbridled power to cancel laws the peoples' representatives, why not adopt the more sensible and more democratic system the British have in which the Court can only hand down advisory opinions about conflicts of laws for he legislature to consider, that is, unless you think the British are nazis, too.

 

[yiostheoy]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

John Locke and other political philosophers of the 1700's developed and published the "separation of powers" concept so that Administration, Legislature, and Judiciary separated these powers so that no one of them can become as powerful as a king.

Separating these powers works nicely. It is the foundation of American representative government.

Any nation who wants to eliminate or limit one of these 3 is granting too much power to one of the other two ...

... Just like Adolf did when he seized power in Germany.

Is THAT what you want to have happen in modern Israel ??

If so then you have learned nothing from Adolf or from history and you will be condemned to repeat it (as per Santayana).

Now you are just being silly. First, in a parliamentary form of government, there is no separation between the legislative and executive branches of government. The executive is created by the same party or coalition that controls the legislative branch.

Second, far from being the foundation of American democracy, allowing the courts judicial review of laws passed by the peoples' elected officials is clearly undemocratic. This is the sort of thing that goes on in countries like Iran, where "wise" old men in robes are able to nullify the power of the people. It is foolish to believe that justices are above the political fray when they so often split along ideological lines just as members of Congress do and when each party is eager to see whether nominee leans left or right before voting for or against them.

It is clearly undemocratic to give unelected, allegedly wise old men unbridled power to cancel laws the peoples' representatives, why not adopt the more sensible and more democratic system the British have in which the Court can only hand down advisory opinions about conflicts of laws for he legislature to consider, that is, unless you think the British are nazis, too.

There needs to be a brake on the power of the Administration and on the Legislature.

The Judiciary is the perfect brake.

If you don't see this you will be condemned to relive NAZI Germany in your lifetime.

 

[toomuchtime_]

Limiting the power of the Judiciary would be insane.

Doesn't anybody over there (in Israel) remember one of your favorite villains -- Adolf ???

What makes you think so? UK courts can't cancel laws, so are the British insane?

John Locke and other political philosophers of the 1700's developed and published the "separation of powers" concept so that Administration, Legislature, and Judiciary separated these powers so that no one of them can become as powerful as a king.

Separating these powers works nicely. It is the foundation of American representative government.

Any nation who wants to eliminate or limit one of these 3 is granting too much power to one of the other two ...

... Just like Adolf did when he seized power in Germany.

Is THAT what you want to have happen in modern Israel ??

If so then you have learned nothing from Adolf or from history and you will be condemned to repeat it (as per Santayana).

Now you are just being silly. First, in a parliamentary form of government, there is no separation between the legislative and executive branches of government. The executive is created by the same party or coalition that controls the legislative branch.

Second, far from being the foundation of American democracy, allowing the courts judicial review of laws passed by the peoples' elected officials is clearly undemocratic. This is the sort of thing that goes on in countries like Iran, where "wise" old men in robes are able to nullify the power of the people. It is foolish to believe that justices are above the political fray when they so often split along ideological lines just as members of Congress do and when each party is eager to see whether nominee leans left or right before voting for or against them.

It is clearly undemocratic to give unelected, allegedly wise old men unbridled power to cancel laws the peoples' representatives, why not adopt the more sensible and more democratic system the British have in which the Court can only hand down advisory opinions about conflicts of laws for he legislature to consider, that is, unless you think the British are nazis, too.

There needs to be a brake on the power of the Administration and on the Legislature.

The Judiciary is the perfect brake.

If you don't see this you will be condemned to relive NAZI Germany in your lifetime.

In other words, you are not able to understand the discussion.

 

[montelatici]

The U.S. prides itself on the fact that it is not a democracy, we are a representative republic. We do not ascribe to mob rule, i.e. democracy. That's why the judiciary holds such an important place in the U.S. form of government. The judiciary is what prevents the mob, incited by an autocrat, to take over.

 

[Lipush]

MK Moti Yogev (Jewish Home) will submit a bill this week to remove the Israeli Supreme Court's unlimited control of Israel's laws and justice system.

The bill was suggested by the "Derech Chaim Movement," which aims to infuse Jewish values into Israel's government and legal system.

The new proposal would end the Supreme Court's ability to cancel laws of which they do not approve.

In a 30-page booklet, the organization explained the history of Israel's Supreme Court, and how previous justices progressively influenced the system until the court achieved the ability to intervene in the Knesset's lawmaking abilities as it does today.

The booklet suggests adopting a model similar to England's, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.

Israel does not have a basic law authorizing the Supreme Court to cancel new laws nor does it have a "checks and balances" system as does the United States. However, the Supreme Court has decided it has this authority because of how its justices interpret the basic law on "human dignity and liberty," although when this same basic law was passed, the lawmakers stated explicitly that it was "not intended to authorize the Supreme Court to cancel laws."

Proposed law aims to give Knesset full authority

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

The Irony of the situation is that this bill will be canceled by the Supreme Court.

 

[Lipush]

MK Moti Yogev (Jewish Home) will submit a bill this week to remove the Israeli Supreme Court's unlimited control of Israel's laws and justice system.

The bill was suggested by the "Derech Chaim Movement," which aims to infuse Jewish values into Israel's government and legal system.

The new proposal would end the Supreme Court's ability to cancel laws of which they do not approve.

In a 30-page booklet, the organization explained the history of Israel's Supreme Court, and how previous justices progressively influenced the system until the court achieved the ability to intervene in the Knesset's lawmaking abilities as it does today.

The booklet suggests adopting a model similar to England's, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.

Israel does not have a basic law authorizing the Supreme Court to cancel new laws nor does it have a "checks and balances" system as does the United States. However, the Supreme Court has decided it has this authority because of how its justices interpret the basic law on "human dignity and liberty," although when this same basic law was passed, the lawmakers stated explicitly that it was "not intended to authorize the Supreme Court to cancel laws."

Proposed law aims to give Knesset full authority

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

The second Irony is that this situation already exists, but hardly ever used due to restrictions. It is known in Israel as "The overcoming Ruling".

 

[Lipush]

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

Israel is a theocracy without a constitution. Their officials can do away with the courts whenever they want.

Wow. That must be the most idiotic thing anyone here ever said, yet.

The supreme court restricts the Knesset all the time, you need to read a bit more about the subject.

 

[toomuchtime_]

MK Moti Yogev (Jewish Home) will submit a bill this week to remove the Israeli Supreme Court's unlimited control of Israel's laws and justice system.

The bill was suggested by the "Derech Chaim Movement," which aims to infuse Jewish values into Israel's government and legal system.

The new proposal would end the Supreme Court's ability to cancel laws of which they do not approve.

In a 30-page booklet, the organization explained the history of Israel's Supreme Court, and how previous justices progressively influenced the system until the court achieved the ability to intervene in the Knesset's lawmaking abilities as it does today.

The booklet suggests adopting a model similar to England's, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.

Israel does not have a basic law authorizing the Supreme Court to cancel new laws nor does it have a "checks and balances" system as does the United States. However, the Supreme Court has decided it has this authority because of how its justices interpret the basic law on "human dignity and liberty," although when this same basic law was passed, the lawmakers stated explicitly that it was "not intended to authorize the Supreme Court to cancel laws."

Proposed law aims to give Knesset full authority

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

The Irony of the situation is that this bill will be canceled by the Supreme Court.

Israel's High Court has not gone completely rogue, as the US courts in Seattle and San Francisco have. The High Court simply takes a very liberal interpretation of basic laws passed in 1992 to give itself the authority to cancel certain laws passed by the Knesset. It would only take a majority vote to change those 1992 laws to take away any semblance of authority for the Court to cancel laws.

 

[Lipush]

MK Moti Yogev (Jewish Home) will submit a bill this week to remove the Israeli Supreme Court's unlimited control of Israel's laws and justice system.

The bill was suggested by the "Derech Chaim Movement," which aims to infuse Jewish values into Israel's government and legal system.

The new proposal would end the Supreme Court's ability to cancel laws of which they do not approve.

In a 30-page booklet, the organization explained the history of Israel's Supreme Court, and how previous justices progressively influenced the system until the court achieved the ability to intervene in the Knesset's lawmaking abilities as it does today.

The booklet suggests adopting a model similar to England's, in which the Supreme Court can point out contradictions between basic laws and new laws, but the only ones with the authority to cancel or create laws are members of the government itself.

Israel does not have a basic law authorizing the Supreme Court to cancel new laws nor does it have a "checks and balances" system as does the United States. However, the Supreme Court has decided it has this authority because of how its justices interpret the basic law on "human dignity and liberty," although when this same basic law was passed, the lawmakers stated explicitly that it was "not intended to authorize the Supreme Court to cancel laws."

Proposed law aims to give Knesset full authority

In both the US and in Israel the courts have assumed powers not given to them by the Constitution or the Basic Law and this should end. If the people want the courts to have these powers then the issue should be submitted to the legislatures or referendums; otherwise for the courts to continue to exercise these unjustified powers is a subversion of democracy in both countries.

The Irony of the situation is that this bill will be canceled by the Supreme Court.

Israel's High Court has not gone completely rogue, as the US courts in Seattle and San Francisco have. The High Court simply takes a very liberal interpretation of basic laws passed in 1992 to give itself the authority to cancel certain laws passed by the Knesset. It would only take a majority vote to change those 1992 laws to take away any semblance of authority for the Court to cancel laws.

That I know, but their interpretation is sometime so far from the rest of the people that it is almost delusional