Ever since Israel passed a controversial nation-state law last year that critics say undermines the country’s commitment to equality for all its citizens, Supreme Court justices have been preparing for the possibility of striking down Basic Law amendments such as the ones now being considered by the incoming government.
Referring to the nation-state law, outgoing Justice Minister Ayelet Shaked called the possibility of an overturn by the Supreme Court a “governmental earthquake” and the opening shot of a “war between the branches of government.”
The reform proposals have not yet been formally published, but have been widely reported on in the media. They include several elements that could benefit Netanyahu, who is facing indictment, pending a hearing, for fraud and breach of trust in three criminal cases, and bribery in one of them.
The first proposal is a change in the current immunity law that would require an indictment of a lawmaker to be approved by the Knesset’s House Committee.
The second is a change that would prevent the High Court of Justice from striking down a decision of the House Committee, thus maintaining Netanyahu’s immunity. This would be achieved by amending the judiciary Basic Law, which authorizes the High Court of Justice to exercise judicial oversight of administrative rulings of the state’s governing branches.
The third is an “override” clause that, among other powers, would enable the Knesset to stop the High Court of Justice from striking down the immunity law.