High Court justices say their intervening in Knesset process would violate separation of powers

The High Court of Justice appears highly skeptical of petitions asking it to halt the legislative process for the government’s contentious media bill, with two of the three justices at the hearing asserting that to intervene in legislation before it is passed into law would violate the separation of powers.

Three organizations petitioned the court against the legislation, which has yet to be passed, arguing that it suffered from severe procedural flaws, including that the attorney general did not approve the bill, and that the establishment of a special committee to prepare the legislation was unlawful.

“What you’re asking for would be to harm the defining lines of the separation of powers,” says Justice Alex Stein to the attorney representing the Hatzlacha organization, one of the petitioners.

“You’ve listed a whole load of fouls [over the legislative process], they will be taken into account when the law is reviewed” if and when it passes, he continues.

Justice Yechiel Kasher points out that the Knesset has never before intervened in legislation before it has been passed into law, and questions whether the current case is extreme enough to justify such unprecedented court action.

Kasher, Stein, and Supreme Court President Isaac Amit all point out that the legislation will either be passed, or fail to pass, in the next three days, meaning that court intervention at this stage is unnecessary.

The legal representative for the Knesset says that the legislative process has indeed suffered from multiple flaws but also argues against judicial intervention.

The bill in question would give the government significant control over broadcast media, news sites and other media, and it has provisions seen as designed to benefit the pro-coalition hard-right Channel 14.