The legal advisor of the Knesset expresses concerns over a proposed law that would prevent the Supreme Court from dismissing National Security Minister Itamar Ben Gvir, warning it may lead to personal legislation and abuse of authority.
Shagit Afik, the legal advisor of the Knesset, has raised alarms regarding a proposed law facilitated by the coalition that aims to prevent the Supreme Court from dismissing the National Security Minister, Itamar Ben Gvir. Afik's opinion reflects anxiety over the potential for personal legislation, stressing that the current draft of the law appears overly broad, especially in relation to judicial review of ministerial appointments. This proposal is reminiscent of previous legislation known as 'Der'i Law 2', which sought to validate the appointment of Shas leader Aryeh Der'i despite prior Supreme Court rulings against it.
The proposed law has resurfaced following a Supreme Court directive for Prime Minister Benjamin Netanyahu to justify why Ben Gvir has not been dismissed. In an effort to advance this legislation, the Knesset's committee has approved the formation of a special committee aimed at promoting the law once again. The implications of this law could extend beyond the immediate political context, signaling a shift in power dynamics in Israel between the judicial branch and the executive, further compounding the existing tensions surrounding governmental authority and legal oversight.
Afik cites previous Supreme Court decisions, notably in a ruling from 2024 regarding the enactment of laws for personal objectives, suggesting that establishing a basic law for a specific individual constitutes an abuse of the foundational authority. This precedent could pose significant judicial challenges if the proposed amendments proceed, marking a critical juncture in Israel's constitutional debate and the balance of powers in its governance.
