In a state where the regime is a parliamentary democracy; in a state where the legislative authority is controlled by the executive authority; in a state where the executive authority also has unlimited governmental power; in a state that lacks a written, strong constitution; in a state where what makes regular laws into basic laws is an arbitrary decision of the legislature (and more precisely the government); in a state where most of the basic laws are not protected and can be repealed or amended according to an ordinary parliamentary majority; and in a state where the establishment of basic laws, including the Declaration of Human Rights, is far from comprehensive and certainly not perfect – it is imperative to keep the judiciary independent, both at the institutional and at the personal levels.
In this state of affairs, legislation of an override clause causes serious harm to the independence of the judiciary and Israel's judges. It deals a critical blow to the personal rights of the citizens and residents of the country, and even more so, and in particular, of everyone who belongs to a disadvantaged minority group in the country.
Under these circumstances, the legislation of an override clause means the bankruptcy of the democratic identity of the State of Israel.
In a state where the regime is a parliamentary democracy; in a state where the legislative authority is controlled by the executive authority; in a state where the executive authority also has unlimited governmental power; in a state that lacks a written, strong constitution; in a state where what makes regular laws into basic laws is an arbitrary decision of the legislature (and more precisely the government); in a state where most of the basic laws are not protected and can be repealed or amended according to an ordinary parliamentary majority; and in a state where the establishment of basic laws, including the Declaration of Human Rights, is far from comprehensive and certainly not perfect – it is imperative to keep the judiciary independent, both at the institutional and at the personal levels.
In this state of affairs, legislation of an override clause causes serious harm to the independence of the judiciary and Israel's judges. It deals a critical blow to the personal rights of the citizens and residents of the country, and even more so, and in particular, of everyone who belongs to a disadvantaged minority group in the country.
Under these circumstances, the legislation of an override clause means the bankruptcy of the democratic identity of the State of Israel.