Israel’s Supreme Court has overturned a crucial element of Prime Minister Benjamin Netanyahu’s controversial judicial overhaul. This landmark ruling has the potential to reignite societal divisions that emerged during the protests preceding the ongoing conflict with Hamas.
The proposed overhaul sparked widespread protests over several months, raising concerns about a constitutional crisis between the judiciary and the legislative branches, as well as impacting the unity of Israel’s powerful military. While these tensions were temporarily set aside during the conflict with Hamas, the recent court decision may revive them even as the nation remains at war.
Justice Minister Yariv Levin, a close ally of Netanyahu and the architect of the overhaul, strongly criticised the court’s decision, asserting that it goes against the unity needed during the ongoing conflict. Despite this setback, Levin indicated that the government’s commitment to the overhaul remains unchanged.
The court’s decision, passed with a narrow 8-7 majority, revokes a law enacted in July, preventing judges from striking down government decisions deemed “unreasonable.” Critics argued that this removal of the reasonability standard could lead to corruption and improper appointments.
The broader judicial overhaul, introduced by Netanyahu’s government a year ago, aimed to limit the power of judges, including restricting the Supreme Court’s authority and altering the process of appointing judges. Supporters framed these changes as strengthening democracy, while opponents viewed them as a power grab and an assault on a crucial watchdog.
In addition to rejecting the specific law, the court also ruled, with a 12-3 majority, that it holds the authority to overturn “Basic Laws,” which serve as a quasi-constitution for Israel. This decision challenges Netanyahu’s stance that the national legislature, not the high court, should have the final say on the legality of legislation and key decisions.
The ruling is a setback for Netanyahu and his hard-line allies, setting the stage for a potential constitutional showdown over the balance of power between branches of government. The outgoing president of the Supreme Court, Esther Hayut, issued the decision on her last day in office.
Before the conflict with Hamas, widespread protests against the government, joined by military reservists, expressed opposition to the proposed judicial overhaul. While reservists returned to duty during the conflict, the fate of the overhaul’s revival remains uncertain and could impact Israel’s national unity and military readiness.
Netanyahu’s government faces criticism for attempting to weaken the judiciary, with critics arguing that this undermines the country’s checks and balances. The prime minister’s allies, comprising ultranationalist and religious parties, advocate for controversial policies, including West Bank settlement construction, annexation, military draft exemptions, and restrictions on LGBTQ+ and Palestinian rights.