Is Israel’s Proposed Judicial Overide Rule Similar to Canada’s? Ono Scholar Responds

Ono scholar, Prof. Tsvi Cahana, an expert in constitutional law and a member the Forum of Law Lecturers for Democracy, was interviewed on the news program of Israel Army Radio (Galei Tzahal) by Sefi Ovadia and Yanir Kozin about the proposed legislation that would allow the Knesset, Israel’s legislative body, to override decisions of the Supreme Court to invalidate passed legislation, with a majority vote. Canada also has a judicial override provision.  Prof. Cahana, with expertise in the legal systems of both countries, and who wrote his doctoral dissertation on Canada’s judicial override provision, was asked to comment.

Cahana noted that in Canada, the judicial branch has a number of mechanisms for critiquing the legislative branch. In addition, each one of Canada’s 11 provinces has its own legislature, which provides a more diverse source of legislation.  While stating that Canada does have a judicial override provision, Prof. Cahana continued to enumerate the many differences between the Canadian and Israeli systems. On the question of judicial appointments, Cahana said that it would be incorrect to state simply that in Canada, judges are appointment by politicians.

The complete interview can be heard at: