In parallel to the dramatic debate in the Supreme Court regarding the petitions against the law to reduce the Clause of Reasonability, the Likud party issued a statement in which they once again called on the court not to invalidate fundamental laws.
The Likud party stated, "The most important foundation in democracy is that the people are sovereign. The Knesset derives its authority from the people. The government derives its authority from the Knesset. The court derives its authority from the basic laws enacted by the Knesset."
They further stated, "If the court can annul basic laws, it becomes the authority instead of the people. Such an extreme step undermines the foundation of democracy. This is a red line that must not be crossed."
Rothman: "Don't try to take democracy away from the people of Israel"
As mentioned, this announcement comes amid the ongoing debate in the Supreme Court, which began at 8:00 in the morning and continues until this hour. During the discussion, the chairman of the Constitution Committee, Simcha Rothman, spoke to the judges, who interrupted his remarks repeatedly. Rothman responded that, in his view, they are not supposed to judge, and they do not have the authority to judge the Basic Law.
Rothman criticized the very existence of the discussion and said, "In fact, the very existence of this discussion shows that the court does not respect the public's judgment. The very notion that a legal, clean, and sterile discussion can be held, when the basic question before the discussion is whether the court is acting as it should today, or whether it acted as it should in the past, indicates a blurring of values."
"Can you be the ones to judge this matter without bias, without favoritism, without being swayed by your own honor, status, and authority? I understand that you may think you are acting impartially, but if you are also the final arbiters on this matter, where are the checks and balances?"
Lawyer Bombach: "Would it be conceivable that the declaration of independence would bind the sovereign?"
Later, Attorney Ilan Bombach, who represents the government's position, also referred to the Declaration of Independence: "The Declaration of Independence is a constitutive document. The government highly values it, but are you suggesting that the Declaration of Independence undermines the sovereign?" Justice Baron responded sternly, "Show respect for this document." Later, Justice Amit told Bombach that he is not afraid of frightening scenarios. "Democracy doesn't die from a few hard blows but rather from a series of small steps."
Later, Bombach argued that the Supreme Court judges are "talking about an extreme scenario." According to him, "the government and the Knesset expect the Supreme Court to trust them. They should not make use of what could be considered nuclear weapons – the petition against a Basic Law is a doomsday weapon." Later in the discussion, Justice Amit argued that the Supreme Court is the most restrained court in the world, with 1.6 decisions per year (based on the Clause of Reasonability). So, explain to me why? Why do we need this amendment?" They returned to the debate of "Without law, there is no judge?" Justice Amit retorted, "The law is the Reasonability Clause."
