Bill Making Laws Immune to Judicial Review Passes in Knesset

By Matis Glenn

A bill that would enable laws passed by the Knesset to be immune to judicial review won a majority of Knesset votes Wednesday, according to the Times of Israel.

Wednesday’s vote is the third step in the coalition government’s sweeping and controversial judicial reform campaign. On Tuesday, the Knesset approved a change to the semi-constitutional Basic Law, stating that the High Court can’t invalidate basic laws. The second bill approved Tuesday changes the composition of the Judicial Selection Committee to give elected officials a majority in choosing judges both for the High Court and lower courts.

The changes, which the leading right-wing parties promised during the last election cycle, have stoked the ire of the Israeli left, sparking riots in protest of the plans. Some world governments, including the United States, have expressed their reservations over the speed of the proposed changes.

During Tuesday’s speech by MK Simcha Rothman, the chairman of the Constitution, Law and Justice Committee on Tuesday, a tussle broke out in the Knesset’s Visitor’s Gallery and at least one man was seen carried off by guards after demonstrators entered the area and beat against the security glass.

Most bills, even those which could overturn Basic Laws, could be subject to what the reform bill calls a “notwithstanding clause,” which means that they would be ineligible for judicial review for the first two years. Afterwards, a new Knesset would have to vote again to extend the previous bill’s immunity indefinitely; if not, it would be subject to judicial review.

Rothman, in his speech before Tuesday’s vote, said that “we created a system that makes it very hard to achieve an override [of the court], basically two Knessets with over 61 MKs.”

Some very rare laws, which require a majority of more than 61 MKs, could not have the notwithstanding clause added to them.

Even without the clause being added, no bills would be subject to judicial review unless they directly contradict Basic Laws. In those cases, a unanimous decision of the 15-judge panel must be made to overturn it.

The bill also restricts judges’ abilities to read more protections into the Basic Law beyond what is stated explicitly.  

Opposition leader Yair Lapid slammed the coalition during the session for saying it was open to talks while still advancing the legislation.

“Don’t play around with us by talking while you’re also passing the bill… What conversation are you talking about? Enough with the lies,” Lapid said to Justice Minister Yariv Levin in a speech from the Knesset podium.

Lapid said that Levin was Israel’s “real prime minister,” and warned that “in six months when the Israeli economy is crushed, in half a year when the country starts to fall apart, it will be on your head.”

Levin restated on the Knesset floor that the coalition remains open to discussion with the opposition, an offer that Lapid has repeatedly said must be contingent on the government pausing the bills.

President Yitzchak Herzog has asked the Netanyahu-led government for a pause, as well.