22 votes

Israel’s Supreme Court overturns a key component of Benjamin Netanyahu’s polarizing judicial overhaul

2 comments

  1. [2]
    skybrian
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    Since US law is (loosely) based on what's constitutional, the idea that supreme court judges could strike down laws they think "unreasonable" seems wild to me. Anyone know of some good background...

    Since US law is (loosely) based on what's constitutional, the idea that supreme court judges could strike down laws they think "unreasonable" seems wild to me. Anyone know of some good background on how Israeli law works?

    2 votes
    1. nukeman
      Link Parent
      Disclaimer: Not Israeli, not a lawyer. Israel is one of the few countries in the world to have an uncodified constitution. Instead it has “Basic Laws” which are quasi-constitutional, and some of...

      Disclaimer: Not Israeli, not a lawyer.

      Israel is one of the few countries in the world to have an uncodified constitution. Instead it has “Basic Laws” which are quasi-constitutional, and some of which have entrenched clauses and supermajority requirements. Originally, the Basic Laws would’ve been temporary until a new Constitution was adopted, but various disagreements have prevented that from happening.

      What’s interesting is that in a vacuum, these reforms sorta make sense. Israeli Supreme Court justices are nominated by an independent panel composed of current SC justices, civil servants, and outside lawyers, and the president approves them. The Knesset isn’t involved at all. But in the context of Israel, it’s seen as an attempt by Netanyahu to entrench his power.

      11 votes