Minister of Justice Yariv Levin and chairperson of the Knesset Constitution, Law and Justice Committee Simcha Rothman announced this morning that legislation of the judicial overhaul would continue. "There is broad agreement within reach, such that will not uproot the reform and will enjoy broad consensus," they said.
Their statement follows reports this morning of a new proposal by President Herzog. Levin and Rothman said that they were not party to the proposal, and that it would empty the reform of its fundamental content. Herzog himself denied the report. A statement from the President’s Residence said, "The reports this morning do not represent the views of the president or of anyone acting on his behalf. It should be made clear and stressed that this is not a plan by the state president. It is a matter of one proposal among many sent in the past few weeks by researchers and academics from various institutes. The state president has not yet formulated a final plan, and when one is formulated, the president will present it to the citizens of Israel."
According to the plan reported by Hebrew daily "Yedioth Aharonoth", and, as mentioned, disowned by the president, Levin, and Rothman, measures at the heart of the reform being promoted by the government will be cancelled.
According to the report, there will be no "override clause" to enable the Knesset to re-enact laws struck down by the Supreme Court; a legislative procedure will be established for basic laws and fundamental rights not yet explicitly anchored in law - the principles of equality, freedom of expression, and freedom of worship; it will not be possible to strike down basic laws; and the Supreme Court (sitting as the High Court of Justice) will be able to strike down laws that conflict with basic laws with a two-thirds majority of a full panel of Supreme Court judges; without such a majority, the court will only be able to declare that a law is inconsistent with basic laws; and the judicial appointments committee will not have an automatic majority for the ruling coalition, but will consist of four members representing the coalition, three from the opposition, three Supreme Court judges, and two representatives of the public appointed jointly by the minister of Justice and the president of the Supreme Court. According to the report, the question of the majority required on the committee in order to appoint a judge remains in dispute.
The report states that, in judicial review of administrative decisions, the test of reasonableness will not apply to decisions on government policy or political appointments. As far as legal advisers in government ministries are concerned, they will continue to report to the attorney general, but the government will be able to diverge from their opinions in exceptional cases and use external legal representation.
The leadership of the public campaign against the judicial overhaul stated in response to the report: "Netanyahu, Levin, Smotrich and Rothman received everything they wanted: a political court, emasculation of the High Court of Justice, a government proof against all criticism, a sterilized legal system. The millions who have fought for democracy in Israel for two months have received a spit in the face."
Because of the Purim holiday, discussions in the Constitution, Law and Justice Committee will resume only on Sunday. The measures currently under consideration are a bill to bypass the High Court of Justice’s disqualification of Shas leader Aryeh Deri from being made a government minister, and a bill to limit the possibility of the prime minister being held incapable of continuing in office.
Published by Globes, Israel business news - en.globes.co.il - on March 7, 2023.
© Copyright of Globes Publisher Itonut (1983) Ltd., 2023.