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Home News Israel Politics

In apparent nod to critics, judicial reform to be tweaked

Israel Hayom learns that controversial provision barring judicial review of basic laws would only be in effect in cases where they are passed by two separate Knessets.

by  Amir Ettinger
Published on  03-02-2023 11:51
Last modified: 03-02-2023 12:57
Israel faces a new judicial orderReuters/Heidi Levine/Pool

A general view shows the plenum during the swearing-in ceremony of the 20th Knesset, the new Israeli parliament, in Jerusalem March 31, 2015 | Photo: Reuters/Heidi Levine/Pool

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Amid ongoing demonstrations against Prime Minister Benjamin Netanyahu's judicial overhaul bills, which some claim would threaten the independence of the courts, Justice Minister Yariv Levin plans to introduce changes in an effort to assuage concerns. 

Israel Hayom has learned that Levin, who has led the government's effort to pass these controversial measures, plans to water down the language of some of the bills so that it would be harder to amend basic laws. 

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Israel's basic laws guarantee fundamental freedoms and have been recognized by the courts as a de facto constitution, but their overall status is fluid as they could be easily changed by the Knesset in some cases with a simple plurality.

The original text of Levin's proposals says that the courts would no longer be able to engage in judicial review of basic laws that were passed by the Knesset. But now, Israel Hayom has learned that Levin will push forward a new version that would require two separate Knessets to pass a basic law before it becomes immune from legal scrutiny. 

Under the emerging plan, Levin wants the judicial reforms to include a provision saying that a basic law that is amended to passed from scratch must be approved in the Knesset with four readings – rather than three – and that the final one must be held only after the first Knesset disperses and a new parliament is sworn in after a general election. 

The change appears to be a nod to the protesters as well as to President Isaac Herzog's suggested compromise. Meanwhile, both sides of the political divide appear to be inching closer toward some deal that would diffuse the tension over the reforms, although the chances still appear to be slim. 

State Party Chairman Benny Gantz called for talks to be held at the President's Residence, prompting Netanyahu to respond that he would welcome such a move. MK Simcha Rothman, who has been front and center in pushing the bills, said that the two warring factions must meet "without preconditions".

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Tags: Judicial reformsSupreme Court

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