Israel’s Supreme Court is set to convene on Tuesday to deliberate on the potential annulment of a highly contentious law that curtails the court’s authority, setting the stage for a constitutional showdown between the country’s judiciary and executive branches.
The high court will review a legislation passed by Parliament in July, which stipulates that judges can no longer overturn ministerial decisions using the legal standard of “reasonableness.”
The justices may take several months to reach a verdict, and many Israelis, regardless of their political affiliations, view the outcome of this hearing as pivotal to the country’s future and character.
Prime Minister Benjamin Netanyahu’s government, known for its nationalist and religious conservative stance, perceives the court as an impediment to its vision of a more conservative and nationalist society. Historically, the court has served as a check on religious influence in public life, certain Israeli activities in the occupied West Bank, and decisions that favor Jews over Arabs.
On the contrary, the opposition regards the court as a safeguard of Israel’s secular identity, a protector of its minority populations, and a bulwark against authoritarianism.
The government, with its legislation from July, aimed to restrict the court from applying the “reasonableness” standard, arguing that it was too flexible and had previously granted the court excessive latitude to intervene in governmental decisions. The coalition maintained that the court still possessed other mechanisms to constrain government influence.
During the hearing, the court will consider arguments presented by eight petitioners, primarily civil society organizations advocating for good governance.
Critics of the law contend that it undermines Israeli democracy by limiting the Supreme Court’s authority, which is the primary check against government overreach. Israel lacks a written constitution and a second parliamentary chamber, further enhancing the court’s significance as a counterbalance to the power of the cabinet and legislature.
This law is part of a broader legislative package, most of which the government has yet to enact. The government still intends to pass another law granting it more control over the selection of judges. However, Mr. Netanyahu has rejected the pursuit of a third proposal that would have allowed Parliament to override Supreme Court decisions.
This package has triggered what many consider the most severe domestic crisis in Israeli history, exacerbating longstanding divisions between secular and religious Israelis, as well as Jews of European and Middle Eastern descent.
Opponents of the law have organized 36 consecutive weeks of large-scale protests. The judicial overhaul has also prompted some investors to divest from Israel, led over 1,000 reserve soldiers to suspend their volunteer duties in the Israeli military, and strained Israel’s relationship with the United States government.