Proposal: 65 MKs can bypass Supreme Court (YNetNews.Com -Yedioth Internet) Aviad Glickman Published: 04.08.12, 13:01)
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Bill on Basic Law: Legislation opens door for Knesset to bypass
Supreme Court rulings on legislation, re-propose laws annulled by
The Justice Ministry published a legal memorandum last weekend with
regards to the Basic Law: Legislation which seeks to secure the
constitutional relationship between the legislative authority and the
According to the memorandum, the Knesset will be able to reintroduce
and pass a law voided by the Supreme Court if it were to pass in the
Knesset by a special majority of 65 Knesset members.
The Knesset members would have to make a special note of the fact
that the bill was re-introduced, even though it conflicted with a
Basic Law. According to the proposal, any bill proposed under these
terms would only be valid for five years, yet the Knesset would be
able to extend it indefinitely.
The bill is based for the most part on a bill prepared by current
Justice Minister Yaakov Neeman some 10 years ago in coordination with
then Supreme Court President Aharon Barak. The most significant
change made in the bill is that now, in order to pass a law that
bypasses the Supreme Court, only 65 MK votes will be needed instead
of the 70 stipulated in the previous proposal.
Yet the proposal also states that in the first period following the
passing of the Basic Law: Legislation the Knesset will be able to
push bills that bypass the Supreme Court with a regular majority of
61 MKs, and the Basic Law fails to state the length of said initial
The Basic Law will, for the first time since the foundation of the
State of Israel, regularize the relations between the Supreme Court
and the Knesset, including its authority in relation to the annulment
The proposal will see two important principles anchored within the
legislation: The authority given to the Supreme Court to annul laws,
and the circumstances under which the Knesset would be able to push
through a law bypassing the Supreme Court.
Moreover, the bill will, for the first time, anchor the Knesset´s
authority to initiate a constitution using a collection of Basic Laws
and the precedence of all Basic Laws over regular legislation.
(Copyright 2012 © Yedioth Internet 04/08/12)
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