The Knesset Ministerial Committee for Legislation on Sunday approved a bill that would allow the Knesset to pass and enact laws disqualified by the High Court for contradicting the Basic Law: Human Dignity and Liberty. The vote passed with eight in favor and three against. The controversial bill was introduced by Habayit Hayehudi MK Ayelet Shaked in September, following the High Court's decision to strike down the infiltrators bill. Should the proposed bill be approved by the Knesset, it may also pave the way for the enactment of the infiltrators bill, which sought to allow law enforcement authorities to hold illegal immigrants as administrative detainees, without trial, for up to three years. The "High Court bypass law," as Shaked's bill has been dubbed, seeks to allow a regular Knesset majority of 61 MKs to set aside a High Court of Justice ruling disqualifying legislation proposals on humanitarian grounds, and to enact them for a limited period of up to four years. "If a fundamental argument between the justices and elected public servants erupts regarding a certain law and whether it is in line with the nation's values or not, or proportional or not, the public's values should be the deciding factor," Shaked said. Justice Minister Tzipi Livni, Health Minister Yael German and Science and Technology Minister Yaakov Peri opposed the bill. Livni said she would appeal the ministerial committee's decision. "I too sometimes have issues with the High Court, but this proposal allows the Knesset, coincidentally by the number required to form a coalition, to crush all rights that are an essential part of our Jewish and democratic state," Livni said. The Legal Forum for Israel praised the decision, releasing a statement saying it "gives the legislative branch the last word in lawmaking -- the citizens of the country did not elect a Supreme Court justice to run the country." Meretz leader Zahava Gal-On called the decision dangerous. "The Israeli government's ministerial committee is irresponsible and reckless, and is making decisions based on political agendas while seeing it fit to harm human rights. This is a dangerous decision which seeks to damage the Supreme Court because its ruling does not match the political outlook of the members of government," she said. Hadash MK Dov Khenin said, "The ruling that a steam rolling majority to cancel and destroy human rights and freedom spell the end of fundamental rights in the State of Israel." Attorney-General Yehuda Weinstein had announced Thursday that he would oppose a legislation proposal meant to afford the Knesset the authority to suspend certain High Court of Justice rulings. Weinstein has made no secret of the fact that he vehemently opposes any legislation that might curtail the High Court of Justice's power in any way, or one that might compromise the integrity of the Basic Law: Human Dignity and Liberty. The attorney-general said he believes new laws should be introduced to reflect both matters of government policy and the High Court's insights on humanitarian issues. While the High Court bypass bill has garnered the support of many of the rightist parties, the centrist and leftist parties in the Knesset have expressed their objection to it, siding with Weinstein's position on the matter.
