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Tuesday, March 14, 2023

Israel's judicial reform plan explained

Overnight, the Knesset voted to move forward with the Override Clause, passing the bill with a 61 to 52 majority in its first reading.

The clause, perhaps the most contentious part of the Israeli government’s controversial judicial overhaul plan, would empower the Knesset, with a 61-vote majority, to veto Supreme Court rulings striking down Knesset laws.

It would also effectively enshrine the Supreme Court’s right to judicial review in Israeli law for the first time ever – a fact which is too often ignored by the reform’s opponents.

Constitutional Law in Israel

When Israel declared its independence in May 1948, the Declaration called for the convention of a constituent assembly to draft a constitution, to be completed no later than October 1st of that year.

As so often happens, however, reality intervened, in the form of a massive Arab invasion, delaying not only the drafting of the constitution, but the election of the constituent assembly.

Elections were not held until late January 1949, resulting in the formation of the constituent assembly, later dubbed the First Knesset. READ MORE