The Knesset's Constitution Committee convened Sunday and dealt with the preparation for the first reading in the Knesset of several judicial reform laws, including judicial review of legislation and the superseding clause. In the meeting, the chairman of the committee Knesset Member Simcha Rothman offered opposition lawmakers a compromise, although many are not seeing the proposal as such.
Rothman revealed during the hearing that he intends to alter the law slightly to bring to the first reading a version regarding the disqualification of ordinary legislation by a majority of 12 or 13 out of the composition of 15 judges instead of a 15 out of 15 majority which was originally proposed by the Minister of Justice Yariv Levin. Rothman also announced that he intends to hold the vote for the first reading in the committee this coming Wednesday.
MK Simcha Rothman, one of the key figures ushering through the government’s judicial reform program, announced on Sunday that he is softening a proposal regarding the number of Supreme Court justices needed to strike down a law. https://t.co/cZbLQr8A6o
— Cleveland Jewish News (@CleveJN) February 27, 2023
During the committee's discussion on 'Basic Law, Chairman MK Rothman said: "The main rationale of 15 judges is that determining the composition or through seniority creates a bias in the appointment procedures by the President and a full composition neutralizes the fear which is subject to preventive measures."
The statement continued: "The main concern is the disqualification of judges based on the discretion of a certain party. In light of the fact that this is Minister Levin's position and other things that have been said here, in the version that will be put to the vote on Wednesday with God's help for the first reading, I will bring a version of disqualification of ordinary legislation by a majority of 12 or 13 judges out of the composition of 15 judges."
Talkline With Zev Brenner with MK Simcha Rothman on his overhauling Isra... https://t.co/UweeTqzM25 via @YouTube
— Zev Brenner (@talklinenetwork) February 26, 2023
"I see a lot of merit in the claims made here by experts and MKs, and the reason that the bill was initially set with a version of 15 out of 15, is because I thought it was a good starting point for negotiations, as a proposal voted for by at least five MKs from the opposition. Unfortunately, since they broke the rules and are not conducting negotiations, I am forced to conduct negotiations with Minister Levin and I hope they will eventually come through."
During the meeting, Rothman called to calm the spirits: "Cursing the leadership and also the judges is inappropriate. I really hope that the discourse on all sides will calm down and that it will be possible to talk about the reform as one conducts a debate between brothers. Not in an argumentative discourse and not in extreme shouting, even seen here in the committee."
This means that if the Knesset enacts a law that contradicts one of these things, it will not be possible to disqualify it, because they do not appear clearly in the basic law or are not provisioned.
— Daniella Crankshaw (@DaniellaCranksh) February 24, 2023
A member of the Constitution Committee, MK Yulia Malinovski commented on Rotman's proposal and claimed he was simply playing a political game with no will to actually mediate between the parties. "The good cop and the bad cop in the Rothman and Levin version. Levin's opponent's proposal in the first place was the disqualification of laws by a majority of 12 judges and Rothman introduced a disqualification by a majority of 15 and now he supposedly ‘softens’ the agenda. You will not work for us, nothing in this proposal is legitimate."
