Israel’s Supreme Court strikes down controversial judicial reform

Israel’s Supreme Court struck down the government’s controversial “reasonableness law” on Monday, thus ensuring that the court will continue to have full judicial oversigt over government decisions. 

Eight justices ruled in favour of striking down the law while seven opposed. The law was an amendment to the Basic Law on the use of the reasonableness clause, which up until now has given the Supreme Court power to overrule government decision and appointments of ministers.

It was part of the government’s judicial overhaul aimed at weakening the Supreme Court, which brought unprecedented and weekly demonstrations across Israel every week until Hamas’ massacre on October 7 ignited a war.

The reasonableness clause was last used by the court in January when it ruled that Prime Minister Netanyahu’s appointment of Shas party leader Arieh Dery as Interior and Health Minister was unreasonable in the “extreme” due to Dery’s criminal past.

“In my view, it is not possible to square the amendment to the Basic Law on the Judiciary and the principle of the separation of powers and the principle of the rule of law, which are two of the most important characteristics of our democratic system. Such a violation at the very heart of our founding narrative cannot stand,” Supreme Court judge Esther Hayut said in a statement following the ruling on Monday.

“Today we must take an additional step and rule that in rare cases in which the beating heart of the Israeli form of constitution is harmed, this court is authorised to declare the invalidation of a basic law that has in some way exceeded the Knesset’s authority” she added.

As expected, Justice Minister Yaniv Levin blasted the justices, saying they are “taking into their hands all the authorities that are supposed to be divided between the three branches of government in a democracy. This creates a situation in which it is impossible to legislate even a Basic Law or take any decision in the Knesset or the government without the agreement of the Supreme Court, depriving millions of citizens of their voice.”

Prime Minister Benjamin Netanyahu’s Likud party also criticised the decision, saying it was “unfortunate that the Supreme Court decided to issue a ruling at the heart of the societal disagreement in Israel when IDF soldiers from right and left are fighting and endangering their lives. The court’s decision contradicts the people’s desire for unity, particularly at a time of war.”

Netanyahu is yet to reveal whether he will respect the court’s ruling. National Unity party leader Benny Gantz, however, was clear in position: “The [High Court] ruling must be respected, and the lesson from conduct in the past year must be learned. We are brothers, and have a shared fate.”