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."
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."
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."
