Israel’s Supreme Court is commencing hearings on a law aimed at restricting its authority, potentially leading to a clash between the judiciary and Prime Minister Benjamin Netanyahu’s government after months of protests against the controversial legislation.
The court will consider arguments both for and against the first part of Netanyahu’s plan to overhaul the judiciary, a law that curtails the court’s ability to nullify government actions deemed “unreasonable.”
The legal questions surrounding the law are accompanied by concerns about whether Netanyahu’s government would adhere to a court ruling, which could be months away, that strikes down the law. Such an outcome could trigger an unprecedented judicial and political crisis.
Netanyahu’s proposals to weaken the courts have divided Israeli society, with critics viewing them as a threat to democracy. Tens of thousands of Israelis have participated in protests against the overhaul, which has become the longest and largest protest movement in Israel’s history.
The demonstrations initially began when Netanyahu’s right-wing and religious coalition took power, and Justice Minister Yariv Levin unveiled plans for sweeping judicial reforms.
The reform proposals initially included changes to the selection of Supreme Court justices, reducing the court’s power to nullify government actions, limiting the authority of government legal advisers, and giving parliament the ability to overturn Supreme Court rulings with a simple majority in certain cases. These changes were seen by opponents as benefiting ultra-Orthodox and settler movements and potentially assisting Netanyahu, who faces corruption charges.
The protests have not only disrupted daily life in Israel but have also affected the military, economy, and international relations. Thousands of reservists and some active-duty soldiers have pledged not to serve if the reforms are implemented. Banks and credit rating agencies have expressed concerns about Israel’s business climate, and the high-tech community has voiced deep apprehension.
The international community, particularly the United States, has expressed deep concern over the reforms. President Joe Biden has urged Netanyahu to pass such changes only through a broad compromise agreement with opposition parties.
The Supreme Court is now hearing appeals against the “reasonableness law,” the first part of the judicial overhaul passed in July, which came into effect two days after being passed and strips the court of the power to strike down unreasonable government decisions.
The court’s ruling on the matter is expected to be issued by January 12, 2024. The outcome could have significant ramifications for Israel’s political landscape and its relations with its allies, as well as its security and economy. Netanyahu must navigate these challenges while managing his coalition partners to stay in power.