Two models for judicial review were presented to members of the Constitution, Law and Justice Committee at the Monday morning session by chairman MK Simcha Rothman, including a new "British model."
The British model, also called the Yisrael Beytenu model, proposes a more informal process of judicial review. Instead of the High Court of Justice striking down a law deemed in contradiction with Basic Laws, as in the current system, the court declares the legislation incompatible.
The High Court president would notify the prime minister and Knesset speaker of the declaration. The declaration, made with the support of at least three justices, would be non-binding and would allow the legislature to correct the mistakes.
The only situation in which the court would be allowed to strike down legislation was if it was not accepted by the "required" majority and a number of readings.
Rothman also presented an amended bill for the first model, which had been altered following discussions in the committee.
How has the bill been amended?
Previous versions of the bill would have restricted judicial review to situations in which an extended bench of 15 justices unanimously agreed that a law was in violation.
In line with Rothman's statement on Sunday that the unanimity restriction would be eased, the revised draft would limit judicial review to four-fifths of a full bench.
The bill also contains provisions for the override clause. The clause could be implemented with a simple Knesset majority in the text of legislation preemptively immunizing the legislation from review. The law couldn't be reviewed by the court until a year had passed from the end of the term of the Knesset that implemented the override.
Monday's discussion was set to debate the override clause. Rothman said on Sunday that the bill would be voted on to pass to the Knesset plenum on Wednesday.