MK Matan Kahan (New Right) criticized the Supreme Court on Tuesday at the Knesset, saying it needs protection from itself.
Kahana went on to slam the court for taking upon itself the powers to strike out laws the Knesset passes by ruling they are in opposition to basic rights and ordering the state to take a course of action.
As examples, Kahana cited the Supreme Court's striking down laws meant to encourage illegal migrants to leave the country and its ruling that prison inmates have more space in their cells.On Tuesday it was reported the state, for the second time, requested a time extension to comply with that ruling as it does not have enough facilities for prisoners. Because many illegal migrants reside in south Tel Aviv, Kahana argued that “the Knesset attempted to pass a law defending the residents of south Tel Aviv three times already, and the Supreme Court is trampling the will of the people.”
Khana quoted US jurist Richard Posner who said that the Israeli Supreme Court took on more power than even the most power-hungry US Supreme Court justices. “[Thurgood] Marshall did less with more,” Khana said, citing Posner.
In the US, Supreme Court justices are appointed by the sitting president and operate in relation to the US Constitution.Israel does not have a constitution and the judge selection process is largely controlled by the legal community, which is why those who oppose the Supreme Court argue in favor of the Knesset passing a law enabling it to legislate over the objection of the court.