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Override Clause (Israel)
Override clause ( he, פסקת התגברות) is a proposed Israeli law which would give the Knesset the power to override the Basic Laws and the rulings of the Supreme Court. It is one of the key issues on the agenda of the 37th Israeli government. The law would give the Knesset the right to re-enact, by a simple majority, a law declared unconstitutional by the Supreme Court. Some of the drafts of this law would also enable the Knesset to preemptively shield laws from judicial review. The proposed override clause has been criticized for limiting the constitutional review powers of the Supreme Court, thus removing the checks and balances on the power of the majority, which would endanger human rights and the rights of minorities. According to the Israel Democracy Institute, the Supreme Court has used its constitutional review power with restraint. According to its supporters, the override clause would prevent overreach by the Supreme Court. They say that in Israel, unlike ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea, and shares borders with Lebanon to the north, Syria to the northeast, Jordan to the east, and Egypt to the southwest. Israel also is bordered by the Palestinian territories of the West Bank and the Gaza Strip to the east and west, respectively. Tel Aviv is the economic and technological center of the country, while its seat of government is in its proclaimed capital of Jerusalem, although Israeli sovereignty over East Jerusalem is unrecognized internationally. The land held by present-day Israel witnessed some of the earliest human occupations outside Africa and was among the earliest known sites of agriculture. It was inhabited by the Canaanites ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Knesset
The Knesset ( he, הַכְּנֶסֶת ; "gathering" or "assembly") is the unicameral legislature of Israel. As the supreme state body, the Knesset is sovereign and thus has complete control of the entirety of the Israeli government (with the exception of checks and balances from the courts and local governments). The Knesset passes all laws, elects the president and prime minister (although the latter is ceremonially appointed by the President), approves the cabinet, and supervises the work of the government, among other things. In addition, the Knesset elects the state comptroller. It also has the power to waive the immunity of its members, remove the president and the state comptroller from office, dissolve the government in a constructive vote of no confidence, and to dissolve itself and call new elections. The prime minister may also dissolve the Knesset. However, until an election is completed, the Knesset maintains authority in its current composition. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Laws Of Israel
The Basic Laws of Israel ( he, , Ḥukey HaYesod) are thirteen constitutional laws of the State of Israel, and some of them can only be changed by a supermajority vote in the Knesset (with varying requirements for different Basic Laws and sections). Many of these laws are based on the individual liberties that were outlined in the Israeli Declaration of Independence. The Basic Laws deal with the formation and role of the principal institutions of the state, and with the relations between the state's authorities. They also protect the country's civil rights, although some of these rights were earlier protected at common law by the Supreme Court of Israel. The Basic Law: Human Dignity and Liberty enjoys super-legal status, giving the Supreme Court the authority to disqualify any law contradicting it, as well as protection from Emergency Regulations. The Basic Laws were intended to be draft chapters of a future Israeli constitution, which has been postponed since 1950; they act as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Israel
The Supreme Court (, ''Beit HaMishpat HaElyon''; ar, المحكمة العليا) is the Supreme court, highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction. The Supreme Court consists of 15 judges appointed by the President of Israel, upon nomination by the Judicial Selection Committee (Israel), Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office. The current President of the Supreme Court is Esther Hayut. The Court is situated in Jerusalem's Givat Ram governmental campus, about half a kilometer from Israel's legislature, the Knesset. When ruling as the High Court of Justice (, ''Beit Mishpat Gavo'ah LeTzedek''; also known as its acronym ''Bagatz'', בג"ץ), the court rules on the legality of decisions of State authorities: government decisions, those of local authorities and other bodies and persons performing public f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thirty-seventh Government Of Israel
The thirty-seventh government of Israel is the current cabinet of Israel, formed on 29 December 2022 following the Knesset election on 1 November 2022. The coalition government consists of six parties—Likud, United Torah Judaism, Shas, Religious Zionist Party, Otzma Yehudit, and Noam—and is led by Benjamin Netanyahu, who has taken office as the Prime Minister of Israel for the sixth time. Background The right-wing bloc of parties, led by Benjamin Netanyahu, known in Israel as the national camp, won 64 of the 120 seats in the elections for the Knesset, while the coalition led by the incumbent prime minister Yair Lapid won 51 seats. The new majority has been variously described as the most right-wing government in Israeli history, as well as Israel’s most religious government. Shortly after the elections, Lapid conceded to Netanyahu, and congratulated him, wishing him luck "for the sake of the Israeli people". On 15 November, the swearing-in ceremony for the newly elect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some country, countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation. There are very specific cases in which the constitutional review differs from common law to civil law (legal system), civil law as well as judicial review in general. Written and rigid Constitution, rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called ''fundamental law'', ''supreme law'', ''law of the laws'', ''basic law'', they have more difficult and legal procedure, formal procedures to updating them than other laws, which are ''sub-constitutional''. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Israel Democracy Institute
Israel Democracy Institute (IDI; he, המכון הישראלי לדמוקרטיה), established in 1991, is an independent center of research and action dedicated to strengthening the foundations of Israeli democracy. It is located in Jerusalem, Israel. History The Israel Democracy Institute was founded in 1991 by Arye Carmon, the founding president, and Bernard Marcus. IDI works to bolster the values and institutions of Israel as a Jewish and democratic state. A non-partisan think-and-do tank, the institute harnesses rigorous applied research to influence policy, legislation and public opinion. The institute partners with government, policy and decision makers, civil service and society, to improve the functioning of the government and its institutions, confront security threats while preserving civil liberties, and foster solidarity within Israeli society. Israel recognized the positive impact of IDI's research and recommendations by conferring upon the institute its most pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliamentary Sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 33 Of The Canadian Charter Of Rights And Freedoms
Section 33 of the ''Canadian Charter of Rights and Freedoms'' is part of the Constitution of Canada. It is commonly known as the notwithstanding clause (french: clause dérogatoire, links=no or ), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the ''Charter.Library of Parliament, Parliamentary Information and Research ServiceThe Notwithstanding Clause of the Charter, prepared by David Johansen, 1989, as revised May 2005. Retrieved August 7, 2006. Text The section states: Function The Parliament of Canada, a provincial legislature or a territorial legislature may declare that one of its laws or part of a law applies temporarily ("notwithstanding") countermanding sections of the ''Charter'', thereby nullifying any judicial review by overriding the ''Charter'' protections for a limited period of time. This is done by including a section in the law clearly specifying which rights ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2023 Israeli Judicial Reform
The 2023 Israeli judicial reform is a set of five changes to the Judiciary of Israel, judicial system and the Israeli system of government, balance of powers in Israel that was proposed in January 2023. The intent of the measures is to curb the judiciary's influence over lawmaking and public policy by limiting the Supreme Court of Israel, Supreme Court's power to exercise judicial review, granting the government control over judicial appointments and limiting the authority of its legal advisors. The effort was led by Deputy of the Prime Minister of Israel, Deputy Prime Minister and Ministry of Justice (Israel), Minister of Justice Yariv Levin and the Chair of the Knesset's Constitution, Law and Justice Committee, Simcha Rothman. The Supreme Court has, for several decades, assumed the right to declare Knesset legislation unconstitutional. The reform would permit the Knesset to override such a ruling by reintroducing the legislation and approving it with a majority of Knesset mem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2023 Israeli Judicial Reform Protests
From January to October 2023, large-scale protests took place across Israel in response to the government's push for a wide-ranging judicial reform. The proposed package aimed to change the makeup of the Judicial Selection Committee so that control over the appointment of judges was effectively given to the government, prevent the Supreme Court of Israel from ruling on the validity of a Basic Law, defend the preference of the "considered constitutional" Basic Laws passed by the Knesset over the Supreme Court's interpretation of a Basic Law or nullification of a regular law; abolish the use of " unreasonableness" as grounds for review of administrative decisions, reclassify ministry legal advisers from independent authorities to politically selected counsel whose opinions are not binding, and allow ministers to reject the Attorney-General's advice in any matter. In July 2023, the Knesset passed the law to abolish the Supreme Court's ability to review government actions on groun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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