1.7 Draft May 12, 2026
Prevention of the disqualification of a Basic Law by the administrative court (High Court of Justice)
Bill (Legal Reform) to amend Basic Law: The Judiciary, to prevent the judicial review and striking down of a Basic Law by the Administrative Court (High Court of Justice). (The High Court of Justice cannot strike down a law designated as a "Basic Law").
✍️ Submitted by: רמי בלומנטל
🤝 2 supporters
📖 Background
The court, sitting as the High Court of Justice, has not yet intervened in the enactment of Basic Laws, which were meant to join together and form the country's constitution. At the same time, the court ruled that it is not precluded from doing so in cases where the Knesset "abuses its authority as the constituent power."
What to do: The bill (reform) that would strip the judiciary of its ability to review the legislature should be rejected.
What needs to be changed: Reject the bill. It is advisable to promote the enactment of a constitution for Israel.
The objective: To strengthen the checks and balances that restrain the power of the branches of government.
📝 Proposal text
Bill – Amendment to Basic Law: The Judiciary: The court (High Court of Justice) shall be barred from invalidating Basic Laws.
✅ For (1)
- + The proponents of the bill view the Knesset elections as a mandate to legislate laws in the legislature, based on independence and the principle of the separation of powers. According to the proponents, the source of authority of the judicial branch is the laws of the Knesset, and therefore, they cannot place themselves above the source of their authority.
⚠️ Against (1)
- − Judicial review is one of the foundational stones and the way to create checks and balances against the immense power of the executive branch, which holds a majority in the legislative branch (extremely poor separation of powers between the two). Upon the adoption of the bill, the Knesset will be able to enact any law under the title "Basic Law" (as an armor – protection for everything stated in a law that includes the magic word "Basic", even if it is not constitutional legislation and passes in the Knesset by a majority of 61 MKs), including laws that violate human rights, contradict other Basic Laws, or deal with specific and personal issues, even if they do not involve foundational principles, and this will suffice to grant protection from judicial review.