Bill to make legislation immune from judicial review passes initial Knesset vote 62-51

As part of its effort to remake the relationship between the Knesset and the judiciary, the coalition advances a bill to allow the Knesset to pass legislation which is preemptively immune to judicial review.

In addition to allowing this so-called “notwithstanding clause,” which provides immunity even to bills that conflict with quasi-constitutional Basic Laws, the bill would also constrain judicial oversight to unanimous decisions by a full panel of the court’s 15 justices.

Despite being proposed as an “override” bill making changes to two Basic Laws, it does not include a so-called override clause, by which the Knesset could reinstate legislation struck down by the court. Rather, the bill focuses on provisions that curtail the court’s power to strike down legislation from the outset.

Nearly identical to a parallel bill being discussed in the Constitution, Law, and Justice Committee, the private bill by committee chair Simcha Rothman clears its preliminary reading 62-51. On Monday, the committee’s legal adviser warned that by circumscribing laws from judicial review, the Knesset is stripping protection from civil liberties, including equality and freedom of speech — rights both established by the court.

As the second bill in the coalition’s judicial reform plan, it follows separate legislation to cement coalition control over judge selections, as well as block the Supreme Court from reviewing any of the country’s quasi-constitutional Basic Laws, which passed its first Knesset reading on Monday night.