Supreme Court strikes down key amendment of Netanyahu's overhaul
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The ruling has the potential to reignite a divisive debate and provoke a constitutional crisis.
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Israeli Prime Minister Benjamin Netanyahu during a cabinet meeting in "Tel Aviv" on December 24, 2023 (AP)
In a contentious ruling, the Israeli Supreme Court overturned legislation approved earlier this year that limited judicial scrutiny of the government, thus nullifying an element of one of "Israel's" quasi-constitutional Basic Laws for the first time.
The court was almost evenly divided on the extremely contentious legislation, which abolished judicial use of the "reasonableness" criteria — the only key bill from the government's judicial makeover agenda to be approved thus far. Eight justices voted to overturn the statute, while seven voted to keep it.
The government's amendment to the "reasonableness clause" was passed by Netanyahu's administration back in July, and petition hearings began in September.
The ruling establishes in legal precedent the High Court's contention that it has, in limited circumstances, the right to annul Basic Laws, although they stand as the foundation of authority for all institutions, including the court.
Twelve of the fifteen judges believe that the court has the authority to overturn Basic Laws. The reasonableness law stipulates that the Judiciary prohibits all courts, including the High Court, from deliberating on and deciding against government and ministerial decisions based on the judicial standard of reasonableness.
Those against the law, as well as Attorney General Gali Baharav Miara, argued that the law eliminated critical barriers protecting Israeli "democracy" while the Knesset argued it gave the court too broad a scope to intervene in policy decisions that should be left to the government alone.
Prior to October 7, certain government ministers and coalition MKs stated that they could not follow a decision to revoke the Act, resulting in a grave constitutional crisis.
During the September hearing on the law, liberal judges, including Acting Supreme Court President Uzi Vogelman, voiced grave concern that it eliminated all meaningful judicial scrutiny of government and ministerial decisions. Conservative judges such as David Mintz and Noam Sohlberg, on the other hand, argued that there was no rationale under "Israel's" constitutional structure for the High Court to overturn Basic Laws.
Netanyahu's Likud party condemned the decision, saying it contradicted "the will of the people for unity, especially during wartime."
Meanwhile, Israeli media reported that internal disputes are brewing within the Israeli War Cabinet due to occupation Prime Minister Benjamin Netanyahu's refusal to discuss the "day after" the war.
Kan Channel political commentator Mihal Shemesh said, "There is a lot of fear and tension within the war cabinet before a decisive week," pointing out that one of the points of contention is the issue of the day after.
"Netanyahu must choose between [opposition leader and War Cabinet member] Benny Gantz or [Finance Minister and War Cabinet member] Yisrael Katz, and this decision must be made soon," Shemesh said.
