Israel’s Top Court Rejects Petition Against Law to Remove Lawmakers From Office

Israeli Knesset

Revital Hovel writes in Haaretz, “The High Court of Justice rejected on Sunday a petition against a law that would allow 90 lawmakers vote to expel one of their colleagues at the Knesset. The nine justice panel unanimously ruled against the petition. The law, an amendment to the Basic Law on the Knesset, was passed in July 2016. It allows 90 lawmakers to remove a sitting member of Knesset from office if they believe that his actions incite to racism, reflect support for armed struggle against the state or for a terror organization.”

“Supreme Court President Esther Hayut, who was joined by the other eight judges, wrote in the verdict that while the law ‘seriously infringes basic rights,’ it contains a system of checks and balances and ‘it cannot be said that it contradicts the core of state’s democratic identity.'” Hayut said that the law merely complements another clause in the same law that states the no one should be elected to the Knesset if his actions or expressions convey incitement to racism or support for terrorism.”

“Nevertheless, she said, ‘It would be proper to use the expulsion authority in a limited fashion and not use it except in the most extreme of exceptional circumstances.’ The court also rejected an argument put forward by the petitioners that the constituted a change to Israel’s electoral system, and ruled that it does not impact on the equal opportunity of the lists competing in an election.”…

Israeli Supreme Ccourt

“An incident that was used to show the necessity of the bill was a visit by three Israeli Arab lawmakers from the Balad party, now a faction within the Joint List, to relatives of East Jerusalem Palestinians who had committed attacks in Israel. The visit was portrayed as a condolence visit and support for terror. Media outlets reported that the lawmakers had observed a minute of silence in support of the attackers.”

“The lawmakers however denied this, saying the visit was a humanitarian gesture and was made at the request of the families, who wanted help in getting their relatives’ bodies returned for burial. The bodies were held by the police following the attacks. The MKs also argued that Justice Minister Ayelet Shaked had met with the family of one of an Israeli who was arrested in connection to the Duma arson, which killed three members of a Palestinian family in the West Bank in 2015. The meeting took place after he had confessed to taking part in politically motivated attacks. This meeting, the three said, hadn’t elicited any condemnations.” (more…)