Israel’s Supreme Court on Monday overturned a controversial government plan to limit the powers of the judiciary, in an unprecedented move that rekindled violent tensions in the country as Prime Minister Benjamin Netanyahu wages war against Hamas in Gaza.
The court ruled, by a majority of eight votes to seven, that the government’s amendment to the so-called reasonableness law could not be accepted. The bill would have stripped the Supreme Court of the power to declare government decisions unreasonable, and was the first major part of a multi-pronged effort to weaken the judiciary passed by the Knesset, Israel’s parliament, last year.
The ruling reopened an emotional and heated debate that had raged in Israel throughout 2023, but was sidelined in the wake of the October 7 Hamas attacks. It could cause divisions within Israel’s war cabinet, made up of Netanyahu and two prominent critics of his efforts to reform the army. Courts.
Netanyahu’s next moves will be closely watched by all parties. With the threat of a constitutional crisis looming if he tries to push through the controversial change.
The court said in its ruling that it rejected the amendment because it would deal “a severe and unprecedented blow to the basic characteristics of the State of Israel as a democratic state.”
The law, which came into effect after its passage in July, deprives the court of the power to object to government decisions on the grounds that they are “unreasonable.” Large sectors of the Israeli population oppose this change, according to opinion polls, which critics said would undermine the independence of the courts and harm democracy in Israel.
Among those who opposed the plans were two members of Netanyahu’s war cabinet. Yoav Galant, the defense minister, became the first member of Netanyahu’s pre-war government to publicly oppose his plans in March, leading to his temporary dismissal before being reinstated. Benny Gantz, leader of Israel’s opposition National Unity Party, led protests against these efforts earlier in the year.
After the ruling was issued on Monday, Gantz said that the court’s decision “must be respected.”
“These are not the days of political debate, there are no winners and losers today. Today we have only one common goal, which is to win the war together,” he added.
“After the war, we will be required to regulate the relationship between the authorities and enact a basic law that will also consolidate the status of the basic laws.”
Read more reactions to the ruling.
