The Constitution Committee chaired by MK Simcha Rothman of Religious Zionism continues today (Sunday) in promoting the legal reform promoted by the government. The committee will hold discussions on two bills aimed at almost completely reducing the possibility of the High Court of Justice to invalidate ordinary laws.
This, through a superseding clause and setting requirements that the annulment of a law will only be done by a full composition of 15 of the 15 judges of the Supreme Court, unanimously, and only if "the law clearly contradicts a provision enshrined in the Basic Law".
Rotman will inform the members of the Knesset that there may be votes this Wednesday on the two proposals for first reading, depending on the progress of the debates.
One of the proposals was approved this week in a preliminary reading in the plenum, but according to Justice Minister Yariv Levin, the coalition is not expected to advance them for final approval in the plenum in the current session of the Knesset which will end before Passover.
Levin said that the plan is to approve in three readings the change in the composition of the committee for the selection of judges and the cancellation of the High Court's judicial review of basic laws, and only in the next session of the Knesset to continue promoting the rest of the reform. In the coming weeks in light of the demand of the ultra-orthodox factions.
The discussions continue.
A constitutional committee discusses the legal revolution (Photo: Flash 90, Yonatan Zindel)
Despite the protests and demonstrations, so far there is no possibility of talks and both sides, both in the coalition and in the opposition, show no willingness to talk about a compromise in the text.
Levin himself said that there may be changes in the bills that are being promoted because "the Knesset is not a rubber stamp", as he put it, but the assessment is that these are not too significant changes and they do not fundamentally change the proposal according to which politicians will control the committee for selecting judges and have a majority for appointing judges in the courts.
Making it difficult for the High Court to invalidate laws. President of the Supreme Court Esther Hayut (Photo: Shlomi Gabbai)
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At the same time, a ministerial committee for legislative matters will meet today to approve the impeachment law initiated by the leaders of the coalition factions, with the aim of preventing the High Court or the Legal Adviser to the Government from declaring Prime Minister Benjamin Netanyahu impeachable. The bill defines that the impeachment of a prime minister means only incapacity physically or mentally of the Prime Minister to perform his duties and not for any other reason or factor. On Wednesday, the proposal will be submitted for approval in a preliminary reading in the plenary. The
coalition proposal states that the Prime Minister's suspension from performing his duties will be solely based on a notification to the Knesset by the Prime Minister or the government received by a majority of 75% of its members - 90 Knesset members.
This means that in the current government and Knesset it will be enough for the Likud to oppose the proposal and it will not be approved.
Legislation continues.
Protests against the legal revolution, yesterday (photo: official website, Shay Kuriansky)
The revolution planned by the government includes a series of significant changes in the legal system, such as a determination that only an expanded composition of the High Court can invalidate legislation passed by the Knesset. Another step of the revolution, designed to strengthen the government's hand vis-à-vis the court, is the establishment of a superseding clause that will nullify decisions of the High Court by a majority of only 61 members of the Knesset, as well as changing the composition of the committee for the selection of judges so that it is fully controlled by the coalition.
The reform also deals with weakening the power of the legal advisors to the government, so that their position will not bind the government, and with eliminating the reason for reasonableness, which, among other things, significantly limits the court's ability to intervene in the appointment of senior officials.
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Constitution, Law and Justice Committee
The legal revolution