All coalition members will sign the 'Deri Law': High Court's entanglement

January 31, 2023   

Shas is demanding that all members of the coalition's Knesset sign the 'Second Deri Law' - with the official initiator of the proposal being the coalition's chairman, MK Ofir Katz. This was reported this evening (Monday) in 'Kan News'. According to the report, the Prime Minister and the Shas chairman hope that the combination of a Basic Law, alongside the fact that dozens of Knesset members have signed it, will prevent High Court judges from interfering with the law or its purpose. Deri's new bill puts the High Court in a problem. For, according to the report, on the one hand, it is a de facto overriding clause that will prevent interference with appointments. This is after the High Court has already sharply criticized the use of Basic Laws for the benefit of immediate political needs, and did so in the latest Deri ruling. On the other hand, the High Court has so far not interfered with Basic Laws, and in the Deri ruling it reiterated this.

The new Deri bill and the High Court's entanglement: the interpretation and details of @almog_tamar#NewsEvening pic.twitter.com/wrhCGEnZb6

— Here News (@kann_news) January 30, 2023

Channel 12 reported that the 'Second Deri Law' will be promoted, but not at the expense of progress in legal reform, and that the coalition estimates that the renewed legislative process will take about two months. The discussion on the law is scheduled to take place in the Knesset's Constitution Committee, which is busy promoting Levin's reforms. In addition, Levin and Netanyahu apparently know that a constitutional crisis may come due to the invalidation of basic laws by the court. The coalition prefers that this constitutional crisis come about Levin's legal reform and not Deri's legislation, because a large portion of right-wing voters want the reform but do not want Deri as minister. According to the new bill, the appointment of ministers will not be subject to judicial review. The bill, which is expected to be submitted as a private member's proposal, will propose an amendment that states: "There will be no judicial review by any judicial body regarding any matter of judicial review related to or arising from the appointment of a minister and his removal from office, except for the appointment meeting the established eligibility conditions." Earlier this month, High Court judges disqualified Deri's appointment as Minister of Health and Interior. The 11 judges, who heard petitions against the appointment earlier this month, published their ruling after tense days in the political system. The decision was made by a majority of ten judges, with one opposing it - Judge Yosef Elron. It is clear that the 'Second Deri Law' is pushing the High Court into a corner. The judges did decide to disqualify Deri's appointment, but they wrote that they did not discuss the issue of amending a Basic Law at all. A legal source told Hadashot 12: "This is really escalating the conflict between the High Court and the government.".