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At first readings, the Knesset approves the repeal of the disengagement law, the override law, and the incapacitating law

By 03/14/2023 11:32 AMNo CommentsBy YidInfo Staff

The Knesset approved the first reading of three new laws on Monday, marking a significant step towards enacting the judicial reforms outlined by Justice Minister Yariv Levin in January.

The most special statute is the Override Clause, which states that the Supreme Court can only abolish laws, change them, or restrict their legality if at least 12 of the court’s 15 judges vote.

The measure also stipulates that if the Supreme Court invalidates a statute, the Knesset may reconstruct it using the Override Clause with the support of a majority of at least 61 Knesset members and that the Court may not do so again.

The Draft Law is affected most by the override law since consecutive administrations have tried to pass laws establishing draft exemptions for yeshiva students of law.

Yeshiva students were initially exempt from the draft at the very beginning of the State, but appeals have been made over the years to the Courts, arguing that the situation is unfair.

Legislation passed by several governments has been repeatedly overturned by the Supreme Court, even though the concept of judicial review itself is not rooted in Israeli law.

The chareidi parties expect that the override law would finally allow them to pass laws exempting yeshiva students from the draft without the measures being overturned by the court.

By a vote of 61 to 52, the majority adopted this plan.

Another piece of legislation adopted on Monday for first reading dealt with the potential for the attorney general to declare the prime minister incapacitated.

The new law would avoid this since it states that a prime minister can only be declared unfit for office if he or she is incapable of performing his or her duties due to medical or mental illness, and only by the prime minister himself or by a vote of three-quarters of the Cabinet.

If the Prime Minister were to object to bringing the matter before the Cabinet, it would be decided by the Knesset, which would require the support of at least 90 MKs.

By a vote of 61 to 51, the measure was approved.

A third bill introduced on Monday will repeal the Disengagement Law, allowing Israelis to legally retake the Northern Samaria settlements they left behind in 2005.

Residents of Chomesh and its yeshiva, which have endured many IDF evacuations over the past few years, would primarily gain from this. Members of the other towns dismantled are also debating returning to the area.

By a margin of 40 to 17, the legislation was approved on the first reading.


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