Netanyahu on key element of controversial judicial reform: ‘It’s out’

Prime Minister Benjamin Netanyahu said that one of the key elements of his government’s judicial reforms won’t be advanced. 

The controversial “override clause” would allow a simple majority in Knesset to override High Court decisions, making it possible to pass any law without judicial oversight.

“It’s out. I’m attentive to the public pulse, and to what I think will pass muster,” Netanyahu told Wall Street Journal.

Netanyahu has previously hinted that the “override clause” would be scrapped from the government’s agenda, as it is the most controversial element of the reforms, removing checks and balances completely.

Large parts of Netanyahu’s government, however, have insisted that the “override clause” is necessary to bring balance to Israel’s judicial system, where the High Court has the power to strike down Knesset legislation if it concludes that it contradicts any the nation’s Basic Laws, which have quasi-constitutional status.

Israel has no constitution, which makes the High Court the last and only bastion that protects civil rights. The attempts to allow Knesset to override High Court decisions has therefore caused huge outrage among large parts of the population, who have taken to the streets every week since January to protest the government’s reforms.

In the years prior to criminal investigations against him, Netanyahu removed similar override clause proposals put forward by coalition lawmakers, arguing that that having a strong and independent High Court was vital for Israel’s democracy.

Netanyahu also lashed out at the opposition in the interview with WSJ, accusing their representatives of preventing any progress in reaching a deal on the judicial reforms.

“I definitely sought a broad consensus, possibly with a formal agreement with the opposition, but what we discovered after we pushed the pause button… After one, two and three months, [was] that the opposition was under such political pressures that they couldn’t agree to the most minimal understanding,” he said.

Negotiations between coalition and opposition representatives, mediated by President Herzog, broke down earlier this month.

Netanyahu promised that other parts of the reforms would move ahead, although with slight changes. The structure of the Judicial Appointments Committee, which appoints High Court judges, is another key element of the reforms.

Originally, the government intended to change the structure in such a way that it would be able to appoint a majority of the representatives on the committee, thus making sure it would have the power to appoint judges.

“It’s not going to be the current structure, but it’s not going to be the original structure [proposed in the reform]” Netanyahu said about the changes to the Judicial Appointments Committee.

The government is currently advancing another element of the reforms, namely the removal of the “reasonableness clause”, which currently allows the High Court to rule against government decisions and appointments of ministers.

The High Court last used the “reasonableness clause” to remove Shas party leader Arieh Dery from his position as Interior and Health Minister, arguing that his criminal past as well as promise to leave public life in a plea deal last year was “unreasonable” in the extreme.