Policy Paper 185 | The Notwithstanding Mechanism ( “Override Clause” ) : Canada and Israeliv by scholars, civil society organizations, journalists, political parties, and politicians . The notwithstanding clause in the Basic Law : Freedom of Occupation permits not only reenactment of a law that was struck down, but also preemptive enactment of a notwithstanding act, shielding it from judicial review . Some of the proposals for inserting a notwithstanding clause in additional Basic Laws are similar ; others call for a notwithstanding mechanism that only permits reenactment of laws after they have been struck down, but not a priori prevention of judicial review . The idea of a notwithstanding mechanism is taken from Section 33 of the Canadian Charter of Rights and Freedoms . In the Canadian version, laws can be shielded from judicial review preemptively and not only after they have been struck down . However, the clause allows infringement of only some, not all, constitutional provisions...
אל הספר