2024-01-01 17:07:43
Israel’s government sparked major protests in 2023 with its judicial reform. Among other things, the Supreme Court should lose the ability to take action against “inappropriate” decisions by the government. The court has now overturned this regulation.
Israel’s Supreme Court has overturned a key element of Prime Minister Benjamin Netanyahu’s controversial judicial reform. A slim majority of eight of the 15 judges were in favor of annulling a change in the law passed in July, the court announced.
The change in the law had deprived the court of the ability to take action against “inappropriate” decisions by the government, the prime minister or individual ministers. Critics had warned that this could encourage corruption and the arbitrary appointment of key posts.
Historic decision
The ruling stated that the change in the law would have “caused serious and unprecedented damage to the core characteristics of the State of Israel as a democratic state.” In Israel’s history, a comparable law has never been struck down by the Supreme Court. If Netanyahu’s right-wing religious government does not accept the decision, the country will face a state crisis.
The government pushed through the change in the law despite massive resistance in parliament. Israel’s Supreme Court then convened in September for a historic trial. For the first time in the country’s history, all 15 judges came together to discuss eight petitions against the adopted amendment to the Basic Law.
Months of protests against judicial reform
The judicial reform, which the government had massively pushed forward since it was sworn in a year ago, had deeply divided Israeli society. For months, hundreds of thousands of people repeatedly took to the streets to protest against it – they saw the government’s actions as a threat to Israel’s democracy.
Netanyahu’s government, however, argued that the court was too powerful in Israel and that it simply wanted to restore balance. Negotiations for a compromise were unsuccessful.
For formal reasons, the court had until January 12th to publish its decision. Justice Minister Yariv Levin, who is seen as the driving force behind the reform, had nevertheless asked the court to postpone the verdict until after the war. “While our soldiers fight side by side on various fronts, and while the entire nation mourns the loss of many lives, the people of Israel must not be torn apart by strife,” Levin argued.
The July law was the first in Netanyahu’s government’s judicial reform effort. The reform plans were put on hold after the militant Islamist Hamas carried out its major attack on Israel on October 7th, murdering around 1,200 people and kidnapping 240 others as hostages. Israel then declared war on Hamas.
Another setback for Netanyahu
It is unclear how the government will react to the ruling. In an interview with US broadcaster CNN in September, Netanyahu did not want to give a clear answer to the question of whether he would respect a court decision against the change in the law. Netanyahu said at the time: “I believe we should abide by the rulings of the Supreme Court and the Supreme Court should abide by the basic laws that parliament passes.”
The Israeli Movement for Quality Government called the verdict a “historic day.” “This is a huge public victory for those fighting for democracy,” the organization said in an initial statement. She had submitted one of a total of eight petitions against the change in the law. “The government and ministers wanted to get rid of the rule of law – and received the message that there are judges in Jerusalem.” The verdict is proof that “the fortress is still standing.”
The verdict is another setback for Netanyahu. He had lost massively in popularity in polls since Hamas’ terrorist attack on Israel on October 7th. Many people resent him for not yet admitting personal responsibility for allowing the massacre to occur.
Björn Dake, ARD Tel Aviv, tagesschau, January 1st, 2024 7:01 p.m
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