President of the Supreme Court of Israel Esther Hayut and all fifteen justices assemble to hear petitions against the reasonableness standard law in the High Court in Jerusalem, on Tuesday, September 12, 2023. DEBBIE HILL/Pool via REUTERS/File Photo
Israel’s Supreme Court has invalidated a contentious law proposed by Prime Minister Benjamin Netanyahu’s right-wing government, which aimed to curtail some of the high court’s authority, triggering widespread protests. The law was part of a larger judicial reform agenda that stirred controversy, raising concerns about the nation’s democratic principles among Western allies.
The court’s decision, rendered on Monday, may strain the unity of the emergency government formed to handle the conflict with Hamas. The legislation, challenged in court, sought to limit the Supreme Court’s power to nullify government decisions it deemed “unreasonable.”
Finance Minister Bezalel Smotrich, a hardline supporter, criticized the court’s ruling as “extreme and divisive.” The divisive nature of the judicial overhaul reportedly contributed to internal divisions, extending even into the military, and led to the temporary firing of Defence Minister Yoav Gallant.
The court, with a majority of 12 out of 15 justices, affirmed its authority to strike down quasi-constitutional “basic laws.” Additionally, eight justices ruled to nullify the specific basic law in question, emphasizing that it caused “severe and unprecedented harm to the core characteristics of Israel as a democratic state.”
Some officials acknowledged that internal disagreements over the judicial reforms may have played a role in Hamas’ decision to carry out a deadly attack on October 7. Netanyahu’s Likud party expressed disappointment with the court’s decision, stating it opposed “the will of the people for unity, especially during wartime.”
Opposition leader Yair Lapid praised the court’s decision, describing it as the resolution of a tumultuous period that culminated in a tragic event. According to the court’s summary, the invalidated amendment to the basic law eliminated the possibility of judicial review of the reasonableness of government decisions, posing a threat to Israel’s democratic foundation.
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