Status: 01.01.2024, 19:51 PM
By: Sonja Thomaser
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The amendment to the Basic Law had deprived the Supreme Court of the possibility of taking action against "inappropriate" decisions by the government, the prime minister or individual ministers.
Tel Aviv – In a dramatic decision, the judges of Israel's Supreme Court have overturned a core element of the controversial judicial reform that the right-wing religious government of Benjamin Netanyahu had pushed forward for a year despite massive protests.
According to the court, eight out of 15 judges voted against an amendment to the so-called adequacy clause passed by parliament in July. The amendment to the clause was intended to deprive the Supreme Court of the ability to classify government decisions as "inappropriate" and override them.
Court sees "damage to Israel"
The court said the clause had been overturned "because of the grave and unprecedented damage to the fundamental characteristics of the State of Israel as a democratic state."
Benjamin Netanyahu (3rd from left), Prime Minister of Israel, chairs a cabinet meeting in the Kirya, the seat of the Israeli Ministry of Defense. © Ohad Zwigenberg/dpa
The parliament had passed the law restricting the powers of the judiciary in July with a narrow majority, despite persistent protests. Netanyahu's government, a coalition of his Likud party and far-right and ultra-Orthodox parties, considers the changes necessary to redefine the balance of power in the separation of powers.
Israel deeply divided
The right-wing religious government's plans to restructure the judiciary have deeply divided the country. Since the judicial reform was presented a year ago, tens of thousands of people have demonstrated against it week after week. The mass protests only ended with the unprecedented attack on Israel by the radical Islamic Palestinian organization Hamas on October 7.
The plaintiffs against the law restricting the so-called adequacy clause had argued that it weakened the judiciary as a pillar of Israeli democracy. They fear that a disempowerment of the judiciary could pave the way for an authoritarian state.
Israel's Justice Minister and Parliament Speaker Criticize Decision
Israel's Justice Minister Yariv Levin accused the court of "claiming all the power for itself" after the verdict was announced. With their decision, "the judges take all the power into their hands, which in a democratic system is divided in a balanced way between the three powers" executive, legislative and judiciary, the minister explained on the online service Telegram.
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Levin, the architect of the judicial reform, said the ruling "robs millions of citizens of their voice." He also criticized the publication of the verdict "in the middle of Israel's war." This, he said, harms the "necessary unity in these days for the success of our fighters at the front."
The speaker of the Israeli parliament, Amir Ochana, has denied the country's Supreme Court the authority to annul basic laws. This is "obvious," says Ochana, according to media reports on a Supreme Court ruling against the controversial judicial reform in the country. "It's even more obvious that we can't deal with this while the war is at its peak," Ochana said.
Opposition leader gives verdict "full backing"
Israeli opposition leader Yair Lapid has expressed support for the Supreme Court after it overturned a key element of the controversial judicial reform. "The Supreme Court's decision comes at the end of a tough year of strife that has torn us apart from the inside and led to the worst disaster in our history," Lapid wrote on Platform X, formerly Twitter, on Monday. The court has faithfully fulfilled its mandate to protect the citizens of Israel. "We have the full backing of the Supreme Court."
Lapid of the centrist Future Party warned: "If the Israeli government restarts the dispute over the Supreme Court, it means that they have learned nothing. That they didn't learn anything from October 7 and from 87 days of fighting for our home." (SOT with AFP/dpa)