Supreme Court president blasts ‘unprecedented assault’ on judicial branch

Supreme Court Chief Justice Esther Hayut lashes out against a bill that would limit the power of the court to strike down Knesset legislation as unconstitutional, calling it an “unprecedented assault” against the judicial branch and warning it would leave basic human rights unprotected.

Hayut delivers her comments during a swearing-in ceremony for new judges at the President’s Residence in Jerusalem. Also in attendance is President Reuven Rivlin and Justice Minister Ayelet Shaked, whose Jewish Home party is the main proponent of the controversial bill, known as the supercession law.

“The judicial branch is under a brutal and unprecedented attack that realistically threatens its power and independence,” Hayut says. “The significance of the legislation is simple — the elimination of the constitutional protection of human rights that is anchored in Israel by Basic Law: Human Dignity and Liberty and freedom to enact laws that violate those rights without the court being able to provide relief to the victims.”

“Those who hold that the supercession law ‘supercedes’ the court are mistaken,” Hayut continues. “In fact, it supercedes the human rights of every segment of Israeli society, and gives legitimacy to the Knesset, with the support of the government, to enact laws that violate human rights with impunity.”

Ministers on Sunday authorized the bill, which would give a 61-MK majority the ability to overturn Supreme Court decisions to strike down Knesset legislation as unconstitutional.

— Stuart Winer