Toward Procedural Judicial Review of Constitutional Law-Making Process in Israel.

This article analyzes the Israeli High Court of Justice’s (HCJ) 2023 ruling in the Movement for Quality Government case, which annulled an amendment to the Basic Law: The Judiciary on substantive grounds but refrained from establishing robust procedural judicial review of constitutional enactment processes. It focuses on the rulings of former Chief Justice Esther Hayut and her successor Justice Uzi Vogelman, highlighting their reluctance to recognize procedural flaws—such as expedited legislative timelines and limited deliberation—as sufficient grounds for intervention under the existing high threshold derived from ordinary legislation cases. The authors argue for refining and updating the Doctrine of the Principle of Participation, a procedural-constitutional review tool, to impose stricter standards on the legislative process for Basic Laws, emphasizing parameters like deliberation duration and influence on legislative content. They contend that enhanced procedural review would safeguard the legitimacy and democratic integrity of Israel’s evolving constitutional framework, especially given the absence of a dedicated Basic Law governing legislation.