The Israeli Supreme Court has nullified a contentious law, a key component of Prime Minister Benjamin Netanyahu’s coalition government’s broader plan to reshape the judiciary. The decision, seen as a significant blow to the government, comes amidst internal strife within the coalition and the ongoing conflict in Gaza that has claimed over 22,000 lives, including a substantial number of children.
The law in question was part of a legislative package introduced by Netanyahu’s government to limit the powers of the Supreme Court concerning the executive branch. As Israel lacks a constitution, it relies on Basic Laws, and this specific amendment aimed to curtail the court’s authority to overturn laws deemed unreasonable. The new law eliminated the court’s ability to block legislation using this criterion, with other planned changes granting the parliament more authority in appointing Supreme Court judges.
Before its passage in July, the law faced widespread opposition, triggering weeks of protests both in Israel and abroad. Critics argue that the amendment weakens checks and balances crucial to Israeli democracy, particularly in a nation with a delicate legal system. Many express concerns about diminishing judicial independence under the current conservative coalition.
Western allies, including the U.S. and the U.K., urged Netanyahu’s government to uphold democracy as thousands protested globally. Despite intense opposition within the Knesset, the bill passed with a vote of 64 to 0 after opposition lawmakers boycotted the session.
The Supreme Court’s ruling on Monday marked the first time it declared the power to nullify Basic Laws. Twelve out of fifteen judges voted in favor, with eight specifically nullifying the “reasonableness” amendment. The court stated that the law’s enactment completely removed the ability to judicially review the reasonableness of government decisions, posing unprecedented harm to Israel’s democracy.
Netanyahu’s government asserted the law’s necessity for achieving balance and diversification within the government branches. However, critics perceive it as an effort by Netanyahu to evade sentencing in an ongoing corruption trial, which resumed in December after being temporarily suspended during the Gaza conflict. Netanyahu denies any wrongdoing.
In response to the court’s decision, Minister of Justice Yariv Levin, a proponent of the law, criticized the judges but asserted that the ruling would not deter the government. Defense Minister Yoav Gallant, opposing the amendment, warned against ignoring the court’s decision, emphasizing unity amid the ongoing conflict. Former Defense Minister Benny Gantz echoed this sentiment, calling for respect for the court’s ruling during these critical times.