Insights into Israel's Supreme Court Decision on Netanyahu's Judicial Reforms
Israel's Supreme Court has rejected the government's attempt to curtail the judiciary's powers, causing potential turmoil amid Prime Minister Benjamin Netanyahu's conflict with Hamas Here's the concise update on the ruling
Israel's Supreme Court struck down a government proposal to restrict the authority of the judiciary on Monday. This decision, approved by eight votes to seven, comes at a time of heightened tension in the country, as Prime Minister Benjamin Netanyahu continues to combat Hamas in Gaza. The contested government amendment, known as the reasonableness law, aimed to eliminate the Supreme Court's ability to declare government actions unreasonable. This bill was the initial step in a broader attempt by the Knesset, Israel's parliament, to undermine the judiciary and was passed last year.
Netanyahu's attempt to overhaul the judicial system has sparked intense protests in Israel, with citizens claiming that his government is trying to undermine the country's democracy. The Supreme Court's landmark ruling could potentially cause divisions within Israel's war cabinet, which consists of Netanyahu and two vocal critics of his attempts to reform the court, while the conflict in Gaza continues.
Heres what we know about the ruling and its effects.
What is the reasonableness law?
In July, the Knesset, Israel's parliament, passed a law that restricted the Supreme Court from declaring government decisions unreasonable. This reasonableness doctrine is not exclusive to Israel's judiciary and is also utilized in other countries such as the United Kingdom, Canada, and Australia.
Courts commonly use this standard to assess the constitutionality or lawfulness of legislation and to ensure that public officials' decisions are "reasonable." This year, the standard was applied when Netanyahu removed Aryeh Deri from all ministerial posts, in accordance with an Israeli High Court ruling. The court deemed it unreasonable to appoint Deri to government positions due to his criminal convictions and his stated intention to retire from public life.
Israel was rocked by months of protests in 2023 against Netanyahu's controversial judicial overhaul.
Corinna Kern/Reuters
Netanyahu told Deri he had complied with the ruling "with a heavy heart, with great sorrow."
What did the Supreme Court rule?
The reasonableness bill was just one component of a larger set of changes to Israel's judicial system. Other components sought to grant the hard-right coalition government greater influence over the selection of judges, and proposed the removal of independent legal advisors from government ministries.
The court has ruled against a government amendment to the reasonableness law, citing that it would severely and unprecedentedly undermine Israel's democratic nature. The government bill had aimed to amend one of Israel's Basic Laws, serving as an informal constitution in the absence of a formal one. This ruling marks the first time the Supreme Court has struck down a Basic Law or its amendment.
What has the reaction been?
Out of the 15 judges, 12 concurred that the court possessed the power to invalidate a Basic Law in "extreme cases." However, only eight of the 12 judges considered the current case to be extreme.
Netanyahu's supporters lambasted the court's decision on Monday. National Security Minister Itamar Ben-Gvir denounced the ruling as "unlawful," claiming that it was undermining the efforts of Israeli forces in Gaza.
"This is a perilous, undemocratic development and, particularly at this time, a judgment that undermines Israel's campaign against its adversaries," Ben-Gvir stated.
Minister of Justice Yariv Levin, who designed the judicial overhaul plans, described it as going against the unity needed for the success of the nation's fighters. The Likud party, led by the Israeli prime minister, called the ruling "unfortunate" and against the people's desire for unity, particularly during wartime. Knesset Speaker Amir Ohana also emphasized that establishing such a precedent in the country's history during a time of war is not appropriate.
The Supreme Court had to issue its ruling by January 12 due to the retirement of two justices who are legally required to submit their final rulings within three months of stepping down. Opposition leader Yair Lapid expressed his full support for the Supreme Court, stating that it "faithfully fulfilled its role in protecting the citizens of Israel" in a post on X.
"He said that if the Israeli government chooses to reignite the dispute over the Supreme Court, it would demonstrate a lack of learning from past events, including October 7 and the 87 days of war for our homeland."
