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8 - The Struggle for a New Conservative Constitutional Court (2000): Redefining the Guarantor of Human Rights in Israel – the Role of the Israeli Supreme Court

Published online by Cambridge University Press:  05 July 2011

Assaf Meydani
Affiliation:
School of Government and Society, The Academic College of Tel-Aviv-Yaffo
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Summary

In June 2000, the Israeli parliament adopted a proposal introduced by Knesset member Eliezer Cohen (Israel Beytenu Party) to create a constitution. The purpose of this proposal was to make the Knesset the founding authority “that will create a unified, comprehensive and complete constitutional document.” Of 120 Knesset members, 44 supported the proposal. In November 2000, Knesset members Cohen and Igal Bibi (Mafdal) proposed a complementary plan to create a constitutional court of law. This proposition was supported by 52 Knesset members out of 120 members of the Knesset. The fact that the idea was raised by members of the religious Mafdal party came as something of a surprise, because the religious parties in the Knesset had opposed the idea of a constitution since the country's establishment. Did the representatives of these parties (Mafdal, Yahdut Hatora, Shas, and others) simply decide at the dawn of the new millennium to change their minds? Or was this what might be called a “heurostatic action” (Riker, 1984; Riker, 1986; Doron, 1996), the purpose of which was not necessarily related to the founding of the institution? What really might have been at stake here was a veiled threat to the High Court to change its ways, or the Knesset would curb its powers. In any case, on January 2, 2002, after strong opposition was raised by a number of groups, the Knesset rejected these two proposals. Senior lawyers convinced the Knesset members to rule out the idea of a constitutional court.

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