Israel's ruling government coalition is set to bring an unprecedented declaration before the Knesset plenum this week, stating that any Supreme Court ruling striking down the “reasonableness clause” amendment will be considered null and void. The initiative, led by Knesset Speaker Amir Ohana, Justice Minister Yariv Levin, and Likud lawmaker Avihai Boaron, also asserts that Supreme Court rulings related to a Basic Law amendment changing the composition of the Judicial Selection Committee are beyond the Court’s jurisdiction and will not be recognized.
According to the proposal’s authors, the Supreme Court intervened in these matters without legal authority. The wording of the declaration was circulated among coalition party leaders ahead of the planned vote in the plenum. If passed, and if the Supreme Court soon rules on a petition regarding the reasonableness amendment, the Knesset will, in effect, refuse to recognize the ruling. It will likewise reject any injunctions regarding the Judicial Selection Committee — a move that could trigger a constitutional crisis.
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Supreme Court President Yitzhak Amit, Justice Minister Yariv Levin
(Photos: Alex Kolomoisky, Amit Shavi)
In March, the coalition passed an amendment to the composition of the Judicial Selection Committee, based on a framework advanced by Levin and then-Foreign Minister Gideon Sa’ar. While the amendment is not set to take effect until the next Knesset, it has already drawn numerous legal petitions and sparked intense public debate. A few weeks ago, the Supreme Court issued a conditional order in response to those petitions and scheduled a hearing before an expanded 11-judge panel by June.
'The court has no authority to rule on Basic Laws'
Under the new declaration, if the Supreme Court strikes down the Levin-Sa’ar amendment and Likud wins the next election, the coalition plans to implement the amendment regardless, disregarding the Court’s ruling.
The draft text, obtained by Ynet and Yedioth Ahronoth, reads: “The Knesset declares that the Supreme Court’s orders regarding the Basic Law: The Judiciary — specifically the amendment to the composition of the Judicial Selection Committee and the reasonableness clause — are null and void.”
It continues: “The Supreme Court has no authority to rule on or determine the validity of Basic Laws. Therefore, the amendments to the Basic Law: The Judiciary passed during the 25th Knesset — including the repeal of the reasonableness clause and the Levin-Sa’ar framework — remain fully in force.”
The statement concludes: “The Knesset insists that the Supreme Court respect its status and authority, including on the matter of legislating Basic Laws. Respect between the branches of government must be mutual, and the Knesset calls for and is prepared to engage in respectful and substantive dialogue with the judiciary.”