Yesh Atid Petitions Against the Legal Reform

Yesh Atid petitions against the Basic Law: "There was no proper procedure"

The "Yesh Atid" party is filed an appeal to the Supreme Court against the reduction of The Clause of Reasonability: "In the text of the law, not a single comment from the Members of Knesset was included. It seems that a deliberate intent prevented a thorough, comprehensive, and substantive work process"

(Photo: Haim Goldberg/Flash 90)

The appeal was submitted today (Wednesday) by Members of Knesset Karine Elharrar, Yoav Segalovich, and the "Yesh Atid" party against the Minister of Justice, Yariv Levin, and the Government of Israel, regarding the promotion of the law to reduce the Clause of Reasonability.

It should be noted that the Supreme Court has already scheduled a hearing on the matter, which is expected to take place on September 12 before the full panel of all 15 Supreme Court justices.

The appeal details the claim of how the discussions in the Constitution, Law, and Justice Committee, in which Members Elharrar and Segalovich participated, were treated as a "mere formality" initiated by the Minister of Justice, Yariv Levin. Among other things, it was written there: "It is not a bill proposed by a committee but a bill proposed by the Minister of Justice, who activated the Constitution, Law, and Justice Committee and MK Rotman as his long arm, all while undermining the Knesset's regulations, the principle of separation of powers, and proper procedure."

The Constitution Committee (Photo: Yonatan Zindel/Flash 90)

Furthermore, the appeal describes how a proper process was not followed in the Constitution, Law, and Justice Committee, and it was written there: "Although it boasted in the title 'Bill proposed by the committee,' it did not even come close to a process similar to the preparation of a government bill. In fact, it is clear to all that a deliberate decision was made to avoid a systematic, comprehensive, and substantive process. Whoever chose to convert the government bill into a bill disguised as 'proposed by the committee' did so in order to prevent such a process."

Elharrar: "Rotman exploited his position"

The petitioners request from the Supreme Court to grant an injunction on the law due to flaws in the legislative process, as the amendment to the Basic Law contradicts the fundamental principles of the Israeli system of government, violating the principle of separation of powers and the ability of the judiciary to perform its role and oversee the legality of the executive actions.

Furthermore, they added that the amendment to the Basic Law changes the checks and balances on which the oversight of the executing authority in Israel is built - an authority that is in itself an essential cornerstone of a democratic society. Therefore, the amendment to the Basic Law is a constitutional amendment, not a lawful one, and its validity should be nullified.

Knesset Member Karine Elharrar, who submitted the appeal, stated: "The enactment of the Basic Law to annul the Clause of Reasonability was done solely to grant the executing authority additional power beyond what it already possesses. This undermines the checks and balances, which are fundamental principles in the Israeli legal system, using the framework of the Basic Laws. The appeal was submitted because the legislative process was conducted improperly and cynically using tools available to the Chairman of the Knesset Committee. Knesset Member Rotman exploited his position and acted as an emissary of the Minister of Justice in the legislative process on behalf of the Committee, thus weakening the position of the legislative authority. This harmful manner of legislation in itself justifies the nullification of the law."

Karine Elharrar (Photo: Yonatan Sindel/Flash90)

To this, Knesset Member Yoav Segalovich added: "Throughout the legislative process, there were no in-depth discussions of the central issues, no legal advisors from government ministries were present for consultations, and there was no discussion of the international implications of annulling the Clause of Reasonability and the ability to protect IDF soldiers and security forces from international tribunals. These flaws are rooted in the legislative process, which was entirely flawed and invalid, disguised as a proposal from the committee, irrelevant, and defective, turning the Knesset into a rubber stamp for the government."

0 Comments

Do not send comments that include inflammatory words, defamation, and content that exceeds the limit of good taste.

Israel-Gaza War, Northern Front

IDF continues to pound Hezbollah in Lebanon

Air Force planes continue to strike Hezbollah targets in Lebanon, while helicopters and artillery struck identified threats elsewhere.

JFeed Staff | 21.02.24

Israel-Gaza War

IDF releases map with bird's eye view of Gaza Strip and location of some of Hamas' bases and factories

The IDF continues to publicize the location of Hamas warfare sites underneath civilian areas, releasing a map showing just some of these discoveries.

Avi Woolf | 21.02.24

IDF, Jordan Valley

Mass weapons smuggling effort foiled in Jordan Valley

Two residents of the Aqabat Jaber refugee camp were arrested in the Jordan Valley while trying to smuggle a large number of arms into Israeli territory.

JFeed Staff | 21.02.24

Israel-Gaza War

Watch: Terrorist fires mortars from Gaza, is eliminated within minutes

A Hamas terrorist firing mortars from Gaza was identified by the Gaza Division war room and eliminated from the air. Watch:

JFeed Staff | 21.02.24

Israel-Gaza War, Bedouin

Bedouin who saved soldiers' lives on October 7 made permanent resident

Interior Minister Moshe Arbel decided to Hamid Abu Arar, a resident of Aroer who saved the lives of 45 soldiers on October 7. "Your actions touched all our hearts."

Oz Israel Schwartz, JFeed Staff | 21.02.24

War in the North

IDF bombs building where terrorists were hiding | Watch

IDF planes attacked a building where terrorists were hiding near the village of Yaroun. 

JFeed Staff | 21.02.24

Israel-Gaza War, Knesset, Palestinian State

99 MKs vote in favor of rejecting one-sided recognition of a Palestinian state

The Knesset voted overwhelmingly in favor of a government statement rejecting global recognition of a Palestinian state without a negotiated settlement.

Yair Amar, JFeed Staff | 21.02.24

Syria attack

Arab media: Another blast in Syria

Following the attack on a luxury building in the heart of Damascus attributed to Israel, Arab media is reporting another air strike in Syrian territory against Iranian ammunition depots.

Yair Amar, JFeed Staff | 21.02.24
Terrorist who murdered Rabbi Binyamin Ze'ev Kahane and his wife (H"YD) dies in prison

Kahled Jamal Musa Shawish, head of the Tanzim in Ramallah died yesterday in the hospital. The circumstances of the death are being investigated.

JFeed Staff | 21.02.24

Syria Strike

Targeted strike on building in the heart of Damascus | Watch

The bombed is located in the Sousa neighborhood - home to members of Hezbollah and Iran's Revolutionary Guards.

JFeed Staff | 21.02.24

Israel-Gaza War, American Jews

Survey: American Jews' surprising political shift since outbreak of Gaza war

According to a survey published last night, presidential candidate Donald Trump leads Biden by 9% amongst Jews in the state of NY.

JFeed Staff | 21.02.24

Israel-Gaza War, Hezbollah

Secret document reveals: Hezbollah misled Hamas

A document found in Khan Yunis reveals: Sinwar was disappointed by Hezbollah's decision not to join the war with Israel.

JFeed Staff | 21.02.24