Israel’s Supreme Court affirmed its authority on Monday to overturn government decisions and so-called “Basic Laws,” major pieces of legislation that serve as a sort of constitution for Israel.
In an 8–7 majority decision, the 15-member panel voted to overturn a law passed in July that prevents judges from overturning government decisions. The court said laws backed by the government are “unreasonable” and will bring “severe and unprecedented harm to the core characteristics of Israel as a democratic state.”
The law, overturned by the country’s highest court with a narrow majority, was part of a broader judicial overhaul proposed by Israeli Prime Minister Benjamin Netanyahu and his allies. Mr. Netanyahu and his coalition announced their sweeping overhaul plan shortly after taking office a year ago intended to curb the power of the judges and limit the Supreme Court’s ability to review government or parliamentary decisions.
The planned overhaul sparked months of mass protests, threatened to trigger a constitutional crisis between the judicial and legislative branches of government, and rattled the cohesion of the powerful military.
Hundreds of thousands of Israelis took to the streets in weekly protests against the government. Among the demonstrators were military reservists, including fighter pilots and members of other elite units, who said they would stop reporting for duty if the overhaul was passed. Reservists make up the backbone of the Israeli military.
However, the overhaul was put on hold, and so were the protests, after Hamas terrorist carried out their Oct. 7 attack, killing some 1,200 people and kidnapping 240 others. Israel immediately declared war and is pressing forward with an offensive in Gaza.
Justice Minister Yariv Levin, a Netanyahu ally and the architect of the overhaul, slammed the court’s decision, saying it demonstrated “the opposite of the spirit of unity required these days for the success of our soldiers on the front.”
The ruling “will not discourage us,” Mr. Levin said without indicating whether the government would try to revive his plan in the short term. “As the campaigns are continuing on different fronts, we will continue to act with restraint and responsibility,” he said.
There was no immediate reaction from Mr. Netanyahu.
Mr. Netanyahu’s government could seek to ignore Monday’s ruling, setting the stage for a constitutional crisis over who has ultimate authority.
Balance of Power
In Israel, the parliament-like Knesset serves as the legislative branch, the government which is headed by the prime minister is the executive branch, and the court system constitutes the judicial branch.The rifts between the Supreme Court and Mr. Netanyahu show the divisions in the country among the three branches.
Those divisions have largely been put aside while the country focuses on the Gaza war.
However, Monday’s court decision could reignite those tensions, which sparked months of protests against the government and rattled the cohesion of the powerful military.
Mr. Netanyahu and his hard-line allies claimed that the Knesset, not the high court, should have the final word over the legality of legislation and other key decisions. Meanwhile, the justices said the Knesset does not have “omnipotent” power.
Under the Israeli system, the prime minister governs through a majority coalition in parliament—in effect, giving him control over the executive and legislative branches of government.
As a result, the Supreme Court somehow plays an oversight role.
Supporters of Mr. Netanyahu’s plan said the changes aim to strengthen democracy by circumscribing the authority of unelected judges and turning over more powers to elected officials.
But critics say that by seeking to weaken the judiciary, Netanyahu and his allies are trying to erode the country’s checks and balances and consolidate power over the third, independent branch of government which acts as a key watchdog.
The Epoch Times reached out to the Israel government press office for comment.
