In a high-stakes hearing at the High Court of Justice regarding petitions against judicial overhaul legislation, a lawyer representing Prime Minister Benjamin Netanyahu’s government stirred controversy. During the hearing, he dismissed Israel’s foundational Declaration of Independence as a “hasty” document endorsed by unelected signatories, arguing that it cannot be a source of legal authority.
Several justices argued that the Knesset’s authority to legislate is derived from the 1948 Declaration of Independence, which defines Israel as a Jewish and democratic state. They contended that the court has the authority to safeguard Israel’s Jewish and democratic character and prevent laws, even Basic Laws, that erode these principles.
However, Ilan Bombach, the attorney representing the government, countered by highlighting that the signatories of the Declaration were unelected and questioned whether the document should bind future generations.
The lawyer’s comments drew criticism both from the bench and beyond. The opposition Yesh Atid party seized on the moment, accusing the government of undermining Israel’s founders and its democratic principles for political gain.
While the Declaration of Independence was drafted in a relatively short period, it went through multiple drafts and was signed by 37 members of the Provisional State Council, representing various Zionist groups.
Justice David Mintz, known for his conservative views, also questioned the idea of the Declaration of Independence as a statutory document during the hearing.
Towards the end of the session, Bombach assured the court that the government did not intend to make changes to the Declaration of Independence but argued that it should not be considered a legal text.
The panel of all 15 justices presided over the hearing, which dealt with a law enacted in July that limits judicial review of government decisions. While no decision is expected for some time, the court’s reactions and questions raised concerns about the direction it might take and the possibility of a constitutional crisis.
Bombach attempted to shift the discussion to the reasonableness law itself, but the justices continued to press him on the issue of the Knesset’s source of power.
The lawyer later clarified that the government intends for the Declaration of Independence to remain the “founding document” despite its lack of constitutional validity.