MK Jabareen, Adalah, ACRI petition Israeli Supreme Court against Expulsion of Members of Knesset Law
Knesset Member Yousef Jabareen, Adalah – The Legal Center for Arab Minority Rights in Israel, and the Association for Civil Rights in Israel (ACRI) filed a petition to the Israeli Supreme Court (SCT) on 29 December 2016 against the Expulsion Law. Today, 2 January 2017, the SCT postponed hearings on the petition for 45 days to allow the Knesset time to prepare a response.
According to the law enacted in 2016, a majority of 90 Knesset members may oust a serving Knesset member on two grounds: 1) incitement to racism; and 2) support for armed struggle against Israel. The law came as an amendment to the Basic Law: The Knesset.
The petitioners contend that the law violates basic democratic and constitutional principles, such as the right to elect and to be elected, separation of powers, and the right to representation and equality for the Palestinian Arab minority in Israel.
Knesset Member Yousef Jabareen joins representatives from Adalah – The Legal Center for Arab Minority Rights in Israel and the Association for Civil Rights in Israel for a hearing at the Israeli Supreme Court on 2 January 2017.
The purpose of the law, according to Adalah, ACRI, and MK Jabareen, is to limit the freedom of expression and political activities of Palestinian Arab members of Knesset. The expulsion process would be undertaken in the case of remarks and actions of which the majority does not approve – even if these remarks or acts are not expressly forbidden by law.
The granting of such authority to a parliamentary body is unique in the democratic world, and allows the Israeli parliament to – in effect – conduct field-style court martials in which the majority of Knesset members judge their minority political opponents and may expel them in a flash procedure.
In addition, the Expulsion Law is not necessary as pre-existing Israeli law already allows for a regulated process via which Knesset members who have been convicted of criminal violations may be expelled from the parliament prior to elections. The Expulsion Law is intended to bypass the existing legal processes.
The petitioners further emphasize that the Expulsion Law was approved via an illegitimate legislative process and is therefore not valid; the law was confirmed only by a majority of votes of those present rather than by the required majority of 61 Knesset members.
Adalah Attorneys Hassan Jabareen and Nadeem Shehadeh and ACRI Attorneys Dan Yakir, Debbie Gild-Hayo, and Gil Gan-Mor submitted the petition.
"The Expulsion Law has made us, representatives of the Arab minority, into 'conditional Knesset members'," MK Jabareen said. "The sword of expulsion, wielded by our Knesset colleagues who oppose us politically, hangs constantly above our heads. This law paves the way for the political transfer of elected Arab parliamentarians, and creates an environment of incitement and persecution against us. The law will one day be taught in schools and in law faculties as an example of the tyranny of the majority."
Case Citation: HCJ10214/16, MK Yousef Jabareen, et al. v. The Knesset (case pending)
READ: The Adalah-ACRI petition (Hebrew)
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