Alert: Israel Government is on rout of canceling the independence of the legal system

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by Ifi Reporter Category:Financial Jan 4, 2023

First step on the collision course between the Israeli government and the judiciary system - on the way to canceling the reason for reasonableness and enacting the superseding clause by a majority of 61. Justice Minister Yariv Levin (Likud) held a press conference in the Knesset this evening (Wednesday), where he presented the main points of his legal reform. Several key sections of the reform focus on weakening the judiciary and the Supreme Court.
Levin's political-legal bombshell becomes clear a day before the High Court of Justice will discuss the petitions filed against the appointment of Shas Chairman Aryeh Deri as minister. The legal advisor to the government, Gali Baharab-Miara, officially announced today that she opposes Deri's appointment as minister.
"We go to the polls, vote, choose, but time after time, people we didn't choose decide for us, decide for us," attacked Minister Levin at the beginning of his remarks. "Many members of the public look up to the judicial system and do not hear their voices in it. This is not democracy."
The Minister of Justice clarified: "I have been dealing with this issue for over 20 years, during which time I warned of the harms of legalization, during which I formulated proposals and reform. Unfortunately, the risks I warned of have materialized. Therefore, the time has come to act. Today I am launching the first phase of governance reform, the purpose of which is to strengthen democracy , the restoration of governance, the restoration of trust in the judicial system and the restoration of balance between the three branches of government."
The first issue presented by Minister Levin is the change in the composition of the committee for the selection of judges. "The judges choose themselves in chambers and without a protocol," said the minister. "Instead, there will be an appointment of two public representatives by the Minister of Justice instead of the sectoral representatives of the Bar Association, and full transparency through holding a public hearing in the Constitution, Law and Justice Committee of the Knesset."
First step on the collision course between the executive authority and the judiciary - on the way to canceling the reason for reasonableness and enacting the superseding clause by a majority of 61. Justice Minister Yariv Levin (Likud) held a press conference in the Knesset this evening (Wednesday), where he presented the main points of his legal reform. Several key sections of the reform focus on weakening the judiciary and the Supreme Court. ynet broadcast Levin's words live.
"The majority of judges - leftists": the statements of the Minister of Justice and the planned reform
"We go to the polls, vote, choose, but time after time, people we didn't choose decide for us, decide for us," attacked Minister Levin at the beginning of his remarks. "Many members of the public look up to the judicial system and do not hear their voices in it. This is not democracy."

The Minister of Justice clarified: "I have been dealing with this issue for over 20 years, during which time I warned of the harms of legalization, during which I formulated proposals and reform. Unfortunately, the risks I warned of have materialized. Therefore, the time has come to act. Today I am launching the first phase of governance reform, the purpose of which is to strengthen democracy , the restoration of governance, the restoration of trust in the judicial system and the restoration of balance between the three branches of government."
The first issue presented by Minister Levin is the change in the composition of the committee for the selection of judges. "The judges choose themselves in chambers and without a protocol," said the minister. "Instead, there will be an appointment of two public representatives by the Minister of Justice instead of the sectoral representatives of the Bar Association, and full transparency through holding a public hearing in the Constitution, Law and Justice Committee of the Knesset."
Levin's words imply that the composition of the committee for the selection of judges will include three representatives to the Supreme Court (as today), three representatives to the Knesset (instead of two today) and three to the government (instead of two), in addition to two public representatives appointed by the Minister of Justice. The two representatives of the Bar Association who are currently members of the committee will not be included in the proposed composition. It will have a total of three judges out of 11, and the rest politicians or representatives they chose. Levin also indicated that he is planning a public hearing at the Constitutional Committee for Supreme Court Justices.
Then the Minister of Justice referred to the regulation of disqualification of laws and the superseding clause that will allow the Knesset to re-enact a law that was invalidated by the High Court. Instead, the court will act by virtue of the basic laws and will not be above them. It will be possible to disqualify laws in the Supreme Court with a full composition and a special majority. A balanced superseding clause will be enacted by a majority of 61, and on the other hand, there will be no superseding of the same Knesset in the event that the court invalidates a law unanimously."
The third issue in the reform of the Minister of Justice is the elimination of the reason for reasonableness. According to Levin, "no more disqualification of completely legal decisions of the government under the pretext of implausibility in the eyes of the judge. Instead, the cancellation of the grounds of reasonableness and the return of the ability to decide to the elected government or as formulated, in an ironic way, the former vice president of the Supreme Court, Prof. Menachem Elron , and try to follow because my truth is a bit difficult. 'It is completely improbable to reasonably expect that the court will examine the plausibility of these non-existent issues'. Or in my words, there is no such thing as the presumption of plausibility." Levin noted sarcastically: "I've always asked myself where the school of reasonableness is. It's a laundry of words.
Levin was asked if he believes that elements in the political system, with an emphasis on Shas Chairman Aryeh Deri, who is scheduled to hear petitions against his appointment as a minister, will benefit from his reform. The minister replied: "This reform does not concern a particular person, it is a reform that I call perform it for many years and it is needed and necessary.
To the questions of whether the Prime Minister objected to some of the articles of the reform and whether he informed the President of the Supreme Court, Judge Esther Hayut, of the details of the reform, Minister Levin replied: "There was no need to provide so many details and conversations. My positions have been known for years and are not new. When I received I received the position of Minister of Justice not to say something on the eve of the elections or to do something after twenty years. I think that everyone who knows me knows that I received the position to do the things I have talked about and committed to over the years."
According to Levin's approach, the Supreme Court should mainly deal with disputes and criminal and civil appeals, and not replace the people through their representatives in the Knesset and the government.
In her response to the High Court, the ombudsman said that "in the counsel's position and according to the ruling of the Supreme Court, the clear conclusion in the circumstances of the matter is that his appointment as a minister radically exceeds the realm of reasonableness and is void."

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