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Home News Israel Politics

Bill challenging High Court threatens to rattle already shaky coalition

Yamina MK and former Justice Minister Ayelet Shaked plans to present legislation seeking to limit the High Court's ability to strike down Knesset laws. Blue and White: We won't allow anti-Democratic laws to pass. Coalition whip: I can't imagine Likud voting against such a bill.

by  Yehuda Shlezinger
Published on  08-02-2020 14:15
Last modified: 08-02-2020 14:33
'Netanyahu prefers weak politicians. We're not weak'Alex Kolomoisky

Yamina MK Ayelet Shaked | File photo: Alex Kolomoisky

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The tensions rattling the coalition are likely to worsen this week as a new bill seeking to challenge the judiciary is expected to hit the Knesset floor and may have far-reaching implications for the relations between Likud and Blue and White.

Israel Hayom learned Sunday that Yamina MK and former Justice Minister Ayelet Shaked plans to present a bill focusing on a legislative override provision pertaining to the High Court of Justice.

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Under Israeli law, a so-called "exceptions clause" can be added to any Basic Law – Israel's quasi-constitutional legislation – allowing the Knesset to pass regular laws that essentially contradicts the benchmark legislation for a limited amount of time, usually no longer than four years. The move, does, however, require a majority vote of at least 61 MKs.

Passing such an amendment to the Basic Law would allow the Knesset to re-enact laws that have been struck down as unconstitutional by the High Court of Justice.

Past bills of this nature were blocked by the Kulanu party, which merged into Likud ahead of the March elections.

This time, Blue and White stated that they will vote against the saying it will not allow the independents of the High Court of Justice to be compromised.

Coalition Chairman Miki Zohar said over the weekend that he plans to recommend Prime Minister Benjamin Netanyahu vote in favor of Shaked's bill.

Such a vote would breach coalition discipline, as under the unity government bill, Likud and Blue and White are supposed to coordinate their positions on Knesset votes.

Shaked, whose party currently sits in the opposition, urged the coalition to support her bill.

"Right-wing lawmakers will have a unique opportunity this week to stop whining and take action to stop judicial piracy," she wrote on Facebook.

"On Wednesday, the Knesset will vote on my bill to anchor the exceptions clause and regulate the relationship between the branches of government once and for all. This is the first Knesset where a majority for such a law is possible."

Zohar told Israel Hayom that he "finds it hard to believe that we [Likud MKs] would vote against this bill. I plan on recommending to the prime minister that we vote in favor of it, as it is in line with our ideology and what we promised our voters."

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Blue and White issued a statement saying, "We will not allow for anti-democratic legislation to pass. We promised as much to the Israeli public and that's what we'll do. This was also agreed upon when we entered the unity government. We intended to hold up our end of the deal and we expect our [coalition] partners to do the same."

Opposition member and Yisrael Beytenu leader Avigdor Lieberman said Sunday that his party will vote against the bill, and called it "a distraction from the important issues."

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