Basic Law: The Judiciary (Amendment No. 4) (Judicial Review of the Validity of a Law)

The Supreme Court shall be the sole body authorized to determine the validity of a law or a decision that repeals, limits, or temporarily suspends a law. For the Supreme Court to make such a decision, several conditions must be met: the hearing must be held before a panel consisting of all Supreme Court justices, excluding those unable to sit in judgment, with conditions to be set by law. The decision must be reached by a majority of four-fifths of the justices on the panel, rounded to the nearest whole number. The Court must determine that one of two conditions is met: the law clearly contradicts a provision in a Basic Law, and the majority required to amend the Basic Law or the conditions for infringing upon it are stipulated in the Basic Law itself. If a claim regarding the validity of a law is raised before a judge or another court, they may dismiss the claim. If a substantial doubt arises regarding the validity of the law and it cannot be resolved without deciding on the question of validity, and the judge or court cannot resolve the doubt and uphold the law, they must refer the question to the Supreme Court. The question referred to the Supreme Court shall first be heard by a panel of three justices. If they determine that there is a substantial doubt regarding the validity of the law and that a ruling is necessary for the matter at hand, the question shall be transferred to a full panel of the Supreme Court. If the doubt arises before a panel that is not full, the court shall decide whether to transfer the question to a full panel. The Supreme Court shall not be able to make a decision regarding the validity of a law if one of the following applies: the law explicitly states that it is valid despite the provisions of the Basic Laws (an "override clause"); one year has not yet passed since the end of the term of the Knesset that enacted the law, or if a year has passed – the new Knesset has approved the law by a majority of its members. These provisions shall not apply to legal provisions that contradict certain sections of Basic Law: The Knesset, concerning the composition of the Knesset, emergency regulations, and entrenched provisions for amending specific sections.

Source: הצעת חוק לקריאה הראשונה