Override Clause

In recent years, there have been attempts to enact the “override clause” in Israel, a legal provision that would enable the Knesset to override the Supreme Court’s rulings in cases in which it strikes down legislation. This week the Constitution, Law and Justice Committee is discussing a draft of such a law.

The second article in this series describes in depth how the Supreme Court used its authority, why it encountered a backlash, and what current proposals to limit the power of the Court to exercise judicial review over Knesset legislation look like.

The debate surrounding the Override Clause should really focus on the disproportionate power of the Knesset and not on the power of the Supreme Court. All other democracies have structural mechanisms that limit the concentration of power in the hands of one institutions - we must create such a mechanism in Israel as well.

Why is the override clause at the heart of the forthcoming coalition's agenda and how does this relate to civil rights in Israel? Prof. Suzie Navot, Vice President of the Israel Democracy Institute explains the role of the Supreme Court in Israel's democratic system in just over two minutes.

The new coalition's shortage of women and its proposed High Court override clause are a danger to the struggle for gender equality in Israel.

Turning court rulings into a “recommendation” that the Knesset could override, is likely to exacerbate tensions that already exists between the Supreme Court and the Knesset.

It turns out that voters actually want robust judicial oversight - which explains why the Override Clause and placing limitations on judicial review have not been prominant in the election campaign

Laws define the legal rules of our democracy and ensure the stability of the political system while guaranteeing individual rights and general public interest - enactment of the Override Clause would seriously undermine this balance.

Ilil Leder, relates how she was able to achieve equality in education for her daughter and all special needs children with the help of the High Court of Justice

Attorney Yoav Laloum relates how by petitioning the High Court of Justice he was able to stop ethnic separation in ultra-Orthodox educational institutions

Alice Miller describes how the High Court of Justice helped change women’s military service and improve gender equality in the IDF

The good news is that despite the unprecedented offensive which aims at dealing a significant blow to the Supreme Court, the majority of the Israelis still have trust in this institution. In fact, the levels of trust in the court are much greater than those of the Knesset and the Government

A special survey conducted by the Guttman Center for Public Opinion and Policy Research at the
Israel Democracy Institute finds: The majority of the Israeli public fears that implementation of the Override Clause by the Knesset will give unlimited power to politicians and lead to an increase in political corruption

Dr. Amir Fuchs argues that an override of Supreme Court decisions should be stoutly resisted by democrats from all parts of the political spectrum.

Democracies ensrhine onstitutional rights, and give the court the power to protect them, out of concern that the legislator may act rashly, or even tyrannically - so then why should we "override" the court's authority - when we have no other constraints

Batya Katar describes how she was able to make the state allocate the necessary budget to shield classrooms against rockets through the intervention of the High Court of Justice

Israel Democracy Institute experts provide research, background and insight into WHY | WHO | HOW