As the battle rages, rivalries are rekindled when Israel's top court invalidates a significant portion of the judicial overhaul
In an extraordinary decision, the Israeli Supreme Court on Monday overturned a contentious government plan to curtail the judiciary’s authority. This development heightened tensions in the nation as Prime Minister Benjamin Netanyahu continued to fight Hamas in Gaza.
By a decision of eight to seven, the court decided that the government’s modification to the so-called reasonableness statute should be rejected. The measure, which was the first significant component in a multipronged campaign to undermine the judiciary, was approved by the Knesset, Israel’s parliament, last year. It had taken away the Supreme Court’s power to deem decisions made by the government to be illogical.
The decision reignited a passionate and intense discussion that had raged in Israel during 2023 but had been pushed to the background after the October 7 bombings by Hamas. It may also cause rifts within Netanyahu’s war cabinet, which includes two prominent opponents of his proposed court restructuring.
All parties will be keenly monitoring Netanyahu’s future movements, and if he attempts to force through the contentious amendment, there might be a constitutional crisis.
The court rejected the amendment, stating in its ruling that it would deal a “severe and unprecedented blow to the core characteristics of the State of Israel as a democratic state.”
After being approved in July, the law eliminated the court’s ability to overrule judgments made by the government because they were “unreasonable.” Opinion polls showed that a large majority of Israelis opposed the change because they believed it would weaken Israel’s democracy and the independence of the court.
Large-scale demonstrations were sparked by its passing, which has been a common occurrence in Israeli towns ever since Netanyahu revealed his plans for the judiciary. Thousands of army reservists also threatened to skip work as a result.
The two other members of Netanyahu’s war cabinet were among those who opposed the ideas. Defence Minister Yoav Gallant was the first in Netanyahu’s pre-war cabinet to openly disagree with his plans in March, which resulted in his temporary removal before his reinstatement. Additionally, earlier in the year, protests against the initiatives were organized by Benny Gantz, the head of Israel’s opposition National Unity Party.
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Monday, after the verdict was announced, Gantz stated that the court’s ruling “must be respected.”
“There are no victors or losers now; these are not the times for political debates. We only have one objective in mind today: we want to win the war together,” he stated.
“We will have to establish a basic law that will anchor the status of the basic laws and regulate the relationship between the authorities after the war.”
The United States and other allies of Israel have already voiced concerns over the revision. In July, US President Joe Biden warned the New York Times that if the revamp passed without widespread support, Netanyahu was endangering US-Israeli ties. The opposition abstained from the vote and did not cast a single vote in favor of the change in the Knesset.
On Monday, supporters of Netanyahu attacked the court’s ruling.
Itamar Ben-Gvir, the minister of national security, labeled the decision “illegal” and said that it was hurting Israeli soldiers engaged in combat in Gaza.
“This is a risky, anti-democratic development—and a decision that undermines Israel’s military campaign against its adversaries at this particular moment,” Ben-Gvir declared.
The man behind the proposals for the judicial revamp, Minister of Justice Yariv Levin, described it as “the opposite of the spirit of unity required these days for the success of our fighters on the front.” The verdict, according to the Likud party of Israeli Prime Minister Benjamin Netanyahu, is “unfortunate” since it “is against the will of the people for unity, especially during wartime.”
Leader of the opposition, Yair Lapid, expressed his support for the Supreme Court in a post on X, saying it “faithfully fulfilled its role in protecting the citizens of Israel.”
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“They have not learned anything if the Israeli government picks fights over the Supreme Court again,” he said. “After 87 days of fighting for our home, they still didn’t learn anything on October 7th.”
The doctrine of reasonableness
The Israeli judiciary is not the only one to apply the reasonableness concept. Many nations, including Australia, Canada, and the United Kingdom, use this idea.
Courts there frequently apply this criteria to assess whether a particular piece of legislation is constitutional or legitimate, and it enables judges to ensure that public officials’ choices are “reasonable.”
The Supreme Court, according to the prime minister and those who support him, has evolved into an exclusive, elitist body that no longer speaks for the people of Israel. It has allegedly overreached itself, weighing in on matters it shouldn’t have authority to decide, and the suggested adjustments would buck that trend.
However, detractors contend that Netanyahu accelerated the reform to save himself from being charged with fraud, bribery, and breach of trust in his corruption trial. He disputes any misconduct.
One of Israel’s Basic Laws, which serves as an informal constitution in the lack of a formal one, was altered by the government bill. The Supreme Court has never previously invalidated a Basic Law or an amendment to one until Monday’s decision.
Twelve of the fifteen justices who rendered a decision agreed that the court might overturn a Basic Law in “extreme cases.” Out of the twelve, only eight believed this to be an exceptional example.
On October 7, Hamas strikes on Israel prompted the establishment of a war cabinet and appeared to halt the back-and-forth of Israel’s deeply divided politics, putting a halt to the arguments about Netanyahu’s initiatives.
However, the matter reappeared on December 29 due to the disclosure of a draft document that indicated Monday’s decision.
“Citizens of Israel expect the Supreme Court not to publish during a war a ruling that is controversial even among its judges,” Minister of Justice Levin said in response to the leak. “A time of war is certainly not the time to establish a first precedent of its kind in the history of the country,” said Amir Ohana, the speaker of the Knesset.
However, because two of the judges considering the case had retired and were obligated by law to give their final opinions within three months of stepping down, the Supreme Court was under pressure to make its decision by January 12.
