i24NEWS interview: Israel’s former Supreme Court chief criticizes judicial overhaul
‘This reform has nothing to do with the judiciary. By my view, this is a regime reform’
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Israel’s former Supreme Court president Dorit Beinisch, the high court’s first female chief justice, has been one of the most influential figures in the Israeli judicial system – a system that the Jewish state’s new government is proposing to radically change.
In a special interview with i24NEWS on Tuesday, Beinisch fiercely defended the court and criticized the proposed reforms, outlining where she sees possible compromise and where there can be no concessions. She also warned of the impact in Israel as well as abroad if the judicial overhaul goes ahead as planned.
"This reform has nothing to do with the judiciary. By my view, this is a regime reform," she told i24NEWS, adding that any legislation must be frozen before any negotiations begin discussing a compromise between the two sides.
“The government wants to rule the court, and this is a dictatorship – when the government makes the decision, who will review them, and how they will be reviewed," she urged.
Last month, Israel's Justice Minister Yariv Levin announced a reform program including a "derogation clause” – allowing parliamentary members a vote to override decisions of the Supreme Court.
The key reform proposed would allow parliament to annul a decision of the Supreme Court with a simple majority vote. In Israel, which does not have a constitution, the Supreme Court currently has the authority to repeal laws it considers discriminatory. But some within the new government say the judiciary has accumulated too much authority, and seek to implement an "override clause” – allowing parliament to reinstate laws overturned by the courts.
“I’m really worried. There are certain components we can’t accept, such as the override clause, which is undemocratic,” she said.
“But let’s say we accept it. It depends on how many parliament members can override the decision of the court. I think we can have an override clause on certain conditions, it’s something we can compromise on.”