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Wednesday, April 27, 2011

Supreme Court orders Knesset to justify Zoabi rights revocation

Only in Israel....

You will recall that some months ago, the Knesset decided to revoke some of the legislative prerogatives of MK Hanin Zoabi (Balad) as punishment for Zoabi's participation in the Mavi Marmara incident and more. Now, the 'Supreme Court' has ordered the Knesset to justify its actions.
The Supreme Court has ordered the Knesset to justify its decision to rescind parliamentary rights from MK Hanin Zoabi (Balad). MKs voted to rescind Zoabi's rights after she took part in an attempt to forcibly reach Gaza despite an IDF naval blockade on Hamas. As part of the attempt, passengers on the same ship as Zoabi violently attacked and wounded soldiers.

The Court refused to allow MK Michael Ben-Ari to provide an individual justification for the Knesset's decision, saying that the Knesset as a whole must justify the vote.
Once again, a political question in which the court ought to have no role. Can you imagine members of the US Senate being called in by the US Supreme Court to justify their votes? There is little in government of which I can conceive that sounds more absurd.

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6 Comments:

At 10:10 AM, Anonymous Anonymous said...

Carl, I'm not sure in this case. It's not just "political". You have to have legal grounds to inhibit or deny an elected official their parliamentary rights.

Don't get me wrong. I'd like to see Zoabi in front of a firing squad after a 3 minute trial. But the court seems justified in demanding the Knesset to document by what legal right the Knesset can sanction an MK.

The bigger question is why there are no apparent laws on the books to revoke her immunity and have her stand trial for treason. If there are such laws, why was the Knesset being so nice?

 
At 10:57 AM, Blogger Hutzpan said...

I wonder what happens if Knesset refuses to obey. Will it be disbanded by the Supreme Court?

 
At 11:08 AM, Blogger NormanF said...

Shy Guy, the Court has no standing to tell the Knesset how to discipline its members.

That's judicial overreach.

I'm sure Israel's Justices would not like the Knesset telling them how to manage their affairs.

The Knesset should tell Israel's Supreme Court to go get lost!

 
At 11:54 AM, Anonymous Anonymous said...

this is democracy at work

and they can easily justify their case

she committed an act of war by taking part in the flotilla, and by all rights, should have been charged, convicted and hung for treason

she got off lightly

 
At 12:43 PM, Blogger Carl in Jerusalem said...

Someone sent me a private email saying that the Knesset should use the Andrew Jackson approach: The Supreme Court has spoken. Now, let them enforce it.

 
At 12:43 PM, Blogger Carl in Jerusalem said...

Someone sent me a private email saying that the Knesset should use the Andrew Jackson approach: The Supreme Court has spoken. Now, let them enforce it.

 

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