Status: 02.01.2024, 16:26 PM
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The court's ruling against parts of the judicial reform is a setback for Israeli Prime Minister Benjamin Netanyahu and his right-wing conservative Likud party. © Ohad Zwigenberg/AP Pool/dpa
Israel's top judges have issued a dramatic verdict on the fiercely controversial judicial reform. For Prime Minister Netanyahu, this is another setback. Is the country now threatened by a national crisis?
Tel Aviv — A ruling by the Supreme Court in Jerusalem against a key part of the controversial judicial reform has reignited tensions in Israel in the midst of war. By just one vote, 8 of the 15 judges annulled an amendment to the law passed by parliament in July. In the power struggle between the judiciary and the government, it is the climax for the time being. But will the right-wing religious government of Benjamin Netanyahu accept the verdict?
"Most important verdict since the founding of the state"
The following day, experts classified the verdict as extremely significant for the State of Israel, which has repeatedly struggled to strike a balance between the Jewish and democratic character of the country. The amendment to the law, which has now been scrapped, was essentially about depriving the Supreme Court of the opportunity to take action against "inappropriate" decisions by the government, the prime minister or individual ministers.
Former Chief Justice and Attorney General Menachem Masus told Israeli Army Radio that it was probably "the most important ruling of the Supreme Court since the founding of the state" in 1948. Basic laws can be changed in Israel with a simple majority.
A majority of 12 of the 15 judges also ruled in the ruling that the court has the authority to review basic laws "and to intervene in those rare and extreme cases in which parliament exceeds its powers."
Constitutional law expert Professor Suzie Navot considers this decision to be even more important than the ruling on the specific change in the law. "This is an issue that will continue to accompany us in the future," she told Israeli radio. With its ruling, the court had "taken away the government's unlimited power". In this way, it also protects citizens, because there are no other control mechanisms in the Israeli system. "We don't have a president who can veto a bill. Parliament doesn't have two chambers either." The parliament, the Knesset, is de facto "the legislative arm of the government" because the coalition can dominate the Chamber of Deputies.
Government critics celebrate verdict as a victory for democracy
The Israeli Movement for Quality Government, which filed a petition against the amendment, hailed the ruling as a "huge public victory for those who fight for democracy." Critics had always warned that the change could encourage corruption and the arbitrary appointment of important posts.
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Representatives of the Netanyahu government, on the other hand, criticized the verdict and, above all, the timing of its publication. Netanyahu's right-wing conservative Likud party called it regrettable to make such a polarizing verdict "at a time when Israeli soldiers from the right and the left are fighting and endangering their lives in war."
Judicial reform divided Israeli society
The judicial reform, which has been massively promoted by the government since its swearing-in a year ago, had driven a deep rift in Israeli society. For months, hundreds of thousands of people took to the streets to protest against it. They classified the government's actions as an acute danger to Israel's democracy. According to experts, the legislative changes as part of the reform could also play into Netanyahu's hands in a corruption trial against him. The government, on the other hand, argued that the court was too powerful in Israel and interfered in political decisions.
Israel's Internal Dispute as an Opportunity for Hamas Attack
Many saw the months-long dispute as one reason why Israel was so caught off guard by the devastating terrorist attack by the Islamist Hamas on October 7. Until October 7, there had been persistent warnings that Israel's enemies could take advantage of its weakness.
The verdict is also seen as a setback for the already ailing Netanyahu. He has lost a lot of popularity in polls since October 7. Many resent him for not taking personal responsibility for allowing the Hamas massacre to happen.
Will the government accept the verdict?
If Netanyahu's government does not accept the verdict, the country faces a national crisis. It is still unclear how the coalition will act, especially once the war is over. Justice Minister Yariv Levin, the driving force behind the reform, left at least one loophole open in his initial reaction. "The verdict, which has no parallel in any Western democracy, will not discourage us," Levin said. "As the battle continues on multiple fronts, we will continue to act with restraint and responsibility."
A senior member of the government, on the other hand, told the newspaper "Yediot Achronot": "The reform died on October 7 and will not come back to life." dpa