Dr. Aaron Lerner, IMRA 22 January, 2020
Minister Bezalel Smutrich has proposed that the government exercise its authority to apply Israeli law to the Jordan Valley and other areas (for the sake of brevity I will call it “annexation”) with that decision conditioned on the Knesset approving the order which implements the decision.
#1. Making the government decision subject to the approval of the recently elected Knesset dramatically weakens the argument that the Supreme Court should void the move since it was made by a transitional government.
#2. The Knesset action is a single vote rather than a legislative process with a myriad of steps – each of which provides an opportunity for perpetually postponing completion of the process. Making the Knesset action approval of an order rather than legislation also avoids the Achilles Heal facing quick legislation: exposure to application of the Supreme Court ruling which voided the “third apartment tax” because the committee which processed the law failed to sufficiently consider the law before sending it to the Knesset for approval.