The Israeli Supreme Court on Monday struck down a key component of Prime Minister Benjamin Netanyahu's controversial judicial overhaul that sparked months of mass protests in the country and threatened a crisis of authority between the judiciary and legislature before the ongoing war with Hamas broke out. The court narrowly voted 8-7 to overturn the law passed in July to prevent judges from striking down government decisions they see as "unreasonable".
The Supreme Court rejected the plan because of the "severe and unprecedented harm to the core character of the State of Israel as a democratic country", in a landmark decision that can escalate tensions in the country as it moves into the next phase of the war in Gaza. The divisions, which created cracks with Israel's powerful military, were largely put off after Hamas unleashed a devastating attack on October 7 that killed 1,200 people in the country.
Israel's Justice Minister Yariv Levin, Netanyahu's ally and the architect of the overhaul plans, lambasted the court’s decision and said that demonstrated “the opposite of the spirit of unity required these days for the success of our soldiers on the front.” He further asserted that the ruling will "not discourage" the government, without indicating that the government would try to revive his plan.
Finance Minister Bezalel Smotrich also dismissed the decision as "extreme and divisive" while Netanyahu's Likud party said the Supreme Court's decision was unfortunate and that it opposed "the will of the people for unity, especially during wartime". Yair Lapid, opposition chair and a former prime minister, praised the court, whose decision he said "seals a tough year of dispute that tore us apart from the inside and led to the most terrible disaster in our history."
Why was Netanyahu's plan controversial?
Netanyahu's opponents had argued that his move to disable the judges' authority over certain decisions would remove the standard of reasonability and open the door to corruption and improper appointments of unqualified cronies to important positions. However, the overhaul was put on hold after Hamas militants carried out their October 7 attack.
Supporters of the plan said that the changes aim to strengthen democracy by circumscribing the authority of unelected judges and turning over more powers to elected officials. However, opponents see the overhaul as a power grab by Netanyahu, who is on trial for corruption charges, and an assault on a key watchdog.
Apart from the 8-7 decision, the justices also ruled 12-3 that they had the authority to overturn so-called “Basic Laws,” major pieces of legislation that serve as a sort of constitution for Israel. It represented a significant blow for Netanyahu and his far-right allies, who claimed that the national legislature should have the final word over the legality of legislation and other key decisions.
Netanyahu and his allies announced their sweeping plan to reshape the judiciary shortly after taking office a year ago, which would include curbs on the powers of the judges, including by limiting the Supreme Court’s ability to review parliamentary decisions and changing the way judges are appointed.
The Movement for Quality Government in Israel, a good-government group that opposed the legislation, called the Supreme Court’s ruling “a tremendous public victory for those who seek democracy.”
Can Netanyahu appeal the ruling?
Technically, Netanyahu’s government could decide to ignore Monday’s ruling, again opening the stage for a constitutional showdown over which branch of government has ultimate authority and reigniting tensions in the country. The court issued its decision because its outgoing president, Esther Hayut, is retiring, and Monday was her last day on the job.
Hundreds of thousands of Israelis took to the streets in weekly protests against the judicial overhaul, including military reservists like fighter pilots and members of other elite units, who said they would stop reporting for duty if the overhaul was passed. Reservists make up the backbone of the Israeli military.
While the reservists quickly returned to duty after the October 7 attacks in a show of unity, it remains unclear what would happen if the overhaul efforts were revived. A resumption of the protests could undermine national unity and affect the military’s readiness if soldiers refused to report for duty.
Under the Israeli system, the prime minister governs through a majority coalition in parliament — in effect, giving him control over the executive and legislative branches of government. As a result, the Supreme Court plays a critical oversight role.
However, Netanyahu’s allies include an array of ultranationalist and religious parties with a list of grievances against the court. His allies have called for increased West Bank settlement construction, annexation of the occupied territory, perpetuating military draft exemptions for ultra-Orthodox men, and limiting the rights of LGBTQ+ people and Palestinians.
(with inputs from agencies)
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