In recent years, Israel’s democracy has been facing a critical test of its ability to manage its complex internal contradictions. As the country’s highest court takes up a case challenging the so-called Override Clause of an upcoming law, the stakes have never been higher.
First passed by the Knesset in 2018, the Override Clause was meant to codify into law certain limitations on the power of the High Court of Justice (HCJ) to overturn laws passed by the legislative branch. This strengthened the powers of the legislature in the face of what some perceived to be a judicial overreach in recent years.
The court has responded to the Override Clause by referring it to the High Court for reconsideration. In its hearing this week, the court is expected to rule if and how this clause fits within the balance of powers laid out in the Israeli legal system. If this clause is to be upheld, then it could effectively limit the power of the HCJ to overturn democratically-elected laws.
The implications of such a ruling would be far-reaching. On the one hand, a ruling in favor of the Override Clause could open the door for a more robust role of the legislature in setting social policy in Israel. On the other hand, the ability to exercise judicial review is integral to democracy, as it ensures the protection of fundamental rights and is a check on authoritarianism.
At the same time, the hearing itself marks a significant milestone in the maturation of democracy in Israel. For many years, the courts have served as a check on legislative excess. But with the Override Clause, this dynamic is shifting as the power of the legislature, as elected representatives of the people, is being made more prominent.
In addressing this issue, the HCJ’s representatives have stressed the importance of the balance of powers in determining the future of Israeli democracy. At this critical crossroads, they argue that it is vital to preserve the capacity of the HCJ to intervene when a law passed by the legislature violates fundamental democratic principles.
Overall, the debate around the Override Clause highlights the complexities within Israeli politics. As the court deliberations unfold, what is needed is an open and robust dialogue that takes into account the importance of maintaining a strong balance of powers in democratic states while also protecting the powers of the elected branches of government. Only then can we hope to ensure a future for Israeli democracy.
