"The overcoming clause is necessary," says the retired vice president of the Jerusalem District Court, Judge Zvi Segal, in an interview that will be published tomorrow in "Israel this week" on the occasion of the publication of his autobiography "Springs and deserts of my life".
In the interview, Segal will refer to his Danish friends in the Netanyahu cases, the use of spies in the submarines case, the Gal Hirsch case and the stormy affairs that have accompanied his career, such as the Hanit Kikos murder case and the appeal of the soldier Elor Azaria for his conviction for killing a neutralized terrorist in Hebron.
"The last word should be the High Court", photo: Yehoshua Yosef
Segal himself is not an enthusiastic supporter of the overcoming clause, but believes that there is no choice but to enact it: "The last word should be the High Court of Justice.
If there is a law enacted by the Knesset and it infringes on rights, it is dangerous that a majority of 61 will be able to overcome it.
However, some rightly claim that 61 MKs is the majority of the people and he can overcome the High Court, he can take the authority he himself gave to the court.
In the absence of a constitution, I propose to give the High Court the authority to disqualify laws but to make it more difficult so that the disqualification would be in an expanded composition and by a privileged majority, for example 13 judges out of 15.
"In addition, allow the Knesset to enact a clause overriding the High Court's judgments, but on the condition that there will be a number of opposition members who will join the coalition, a majority of 65 MKs, for example. I hear the jurists say that the High Court should not be touched, you have to understand that half of the people think otherwise , must be considered.
This is public opinion.
So not to have a dialogue with the people?
Our system made an error when it didn't read the map it's excited about.
Even to those who say that the High Court runs the country, I say, consider those who are afraid of the changes. The rift in the people is intolerable. The public is divided. We need healing. A superseding clause can bring unwanted results, but the current situation is also an unwanted result. We need to find a compromise." .
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