After the response letters submitted yesterday (Friday) to the Supreme Court regarding the petitions against the probable cause law, a senior government official sharpened the message to the High Court of Justice judges.
He said, "The answers of the government and the Knesset submitted to the court today are clear as day. The legislative authority and the executive authority are telling the judiciary: You have no authority to interfere with fundamental laws. Do not exceed your authority."
"There is no room for a judicial review of basic legislation"
As recalled, the government and the Knesset submitted their legal opinions regarding the petitions in preparation for the hearing this coming Tuesday before the unprecedented composition of 15 Supreme Court judges.
The government's response was submitted by attorney Ilan Bombach after it requested independent representation from the prosecutor because she supports the annulment of the law by the High Court.
"In its response, the Israeli government clarifies that the honorable court does not have the authority to discuss the validity of basic laws, and therefore the government's response is focused solely on this matter. The Israeli government believes the fundamental question regarding the authority to discuss basic laws should be rejected."
The Knesset's legal advice also rejected the possibility of the supreme judges interfering with basic legislation: "The Knesset reiterates its traditional position that in the absence of an explicit source of authority in the law or the Basic Law, there is no room for a judicial review of basic legislation that was accepted by the Knesset in its capacity as a constituent authority."
The legal adviser to the Knesset, attorney Sagit Afik also claims that there was no flaw in the legislative process itself: "According to the tests established in the ruling for a proper legislative process, there was no flaw that goes to the root of the process. The legal advisor to the committee and the legal advisor to the Knesset regularly accompanied the legislative proceedings, and provided a real-time response to the issues that arose to preserve the right of participation of the members of the Knesset and provide a practical possibility to formulate their position."
