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Home News Israel Politics

Justice minister introduces plan to curtail power of judiciary

The reforms presented by Yariv Levin – if adopted – would boost the power of the elected officials over the courts. Opposition Leader Yair Lapid denounces the plan, saying it "endangers the entire legal system of the State of Israel."

by  Amir Ettinger and i24NEWS
Published on  01-05-2023 07:22
Last modified: 01-05-2023 11:28
Justice minister introduces plan to curtail power of judiciaryOren Ben Hakoon

Justice Minister Yariv Levin | File photo: Oren Ben Hakoon

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Newly appointed Justice Minister Yariv Levin announced a series of controversial reforms Wednesday, including the so-called "derogation clause" that allows Knesset members a vote to override the decisions of Israel's High Court of Justice.

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The reforms also propose limiting the authority of the High Court, transferring control over the judicial selection committee to the government and curtailing the authority of government legal advisers.

After his victory in the November elections, Prime Minister Benjamin Netanyahu returned to power last week, heading what analysts call the most right-wing government in the country's history. One of its agendas is to reform the judicial system.

The reforms presented by Levin – if adopted – would boost the power of the elected officials over the courts.
"There are judges, but there is also a parliament and a government," he said with regard to the move. "Democracy is in danger when we vote in the ballot box but each time officials that were not elected decide for us."

The key reform proposed would allow the Knesset to annul a decision of the High  Court with a simple majority vote. As Israel does not have a constitution, the Supreme Court currently has the authority to repeal laws it considers discriminatory. Officials in the new government claim the judiciary holds too much power, which is why they seek to pass the "derogation clause" that would allow them to reinstate laws overturned by the courts.

"A law passed by parliament can no longer be struck down by a judge," Levin said. "It is up to the elected government to decide the laws."

Levin was harshly criticized for the proposed plan, with the opposition claiming it conveniently coincided the High Court hearing arguments in the petition against the appointment of Shas leader Aryeh Deri – previously convicted of tax fraud –  a minister. 

Opposition Leader Yair Lapid denounced the reforms, saying on Twitter that it "endangers the entire legal system of the State of Israel."

i24NEWS contributed to this report.

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