Israel’s Supreme Court has reversed a pivotal law integral to Benjamin Netanyahu’s controversial judicial reform initiative, potentially sparking a political crisis amid the ongoing conflict in Gaza and the looming threat of regional escalation.
In a slim majority decision of eight to seven on Monday, the judges nullified a law that restricted the court’s authority, citing its severe potential harm to Israel’s democracy. This legal development comes after seven months of debate, during which the government passed a law in July eliminating the “reasonableness” clause, allowing the unelected supreme court to override government decisions.
The decision to discard this legislation, made during a historic full sitting of the 15-member court, may reignite tensions that previously stirred Israel over the summer, leading to divisions within the unity government after the 7 October attacks by Hamas.
The judicial overhaul project triggered widespread protests, placing significant pressure on Netanyahu’s government domestically and internationally. It exacerbated existing divisions in Israeli society, affecting the military and causing damage to the currency and diplomatic relations. At the time, U.S. President Joe Biden expressed criticism of the plans.
Gil Gan-Mor, an attorney representing 38 human rights organizations challenging the law, welcomed the ruling, asserting that it rejected an attempt to infringe upon the human rights of Israeli citizens and undermine judicial oversight.
Activists argued that, in the absence of a robust constitution safeguarding human rights, the supreme court’s ability to annul legislation was indispensable for preserving democratic governance and human rights.
This marks the first instance of Israel’s supreme court overturning a quasi-constitutional “basic law.” While some government ministers had previously suggested they might consider such a ruling illegitimate, the broader decision affirmed the court’s right to overturn basic laws.
Netanyahu’s Likud party criticized the ruling, claiming it contradicted the national desire for unity during wartime. However, 12 justices, as part of the broader ruling, asserted the supreme court’s right to overturn basic laws.
Former Supreme Court President Esther Hayut, supporting the decision, argued that the war made the ruling even more urgent, given its impact on the core principles for which Israeli soldiers were risking their lives.
While Netanyahu had not immediately responded, the ruling was welcomed by activist group Kaplan Force, one of the primary organizers of protests against the legislation, hailing it as a victory for Israeli citizens in the fight for democracy. The group called for respect for the ruling and urged national unity around the values of the declaration of independence.