Understanding Israels Supreme Courts Groundbreaking Ruling on Reasonableness

Israel’s Supreme Court Annuls Controversial Legislation, Changing Balance of Power

Israel’s Supreme Court made a historic ruling recently, overturning the largest piece of legislation passed by Prime Minister Benjamin Netanyahu’s far-right coalition. This ruling, which annulled a Basic Law amendment that curtailed the power of the courts to overturn government policy, fundamentally changes the balance of power in Israel’s democracy and has the potential to lead to a constitutional crisis.

The Court justified its decision by claims that the new Basic Law posed a threat to Israeli democracy. By overruling the amendment, the Court aims to protect the principles of the separation of powers and the rule of law in the country.

Typically, a ruling of this magnitude would have transformed Israeli politics. However, due to the ongoing war in Gaza, the domestic reaction has been less explosive. Nevertheless, some members of the elected government have vowed not to abide by the ruling, further escalating the crisis.

It is important to note that Netanyahu had proposed a sweeping overhaul of the judiciary to put it under his control. These reforms were met with mass protests, which blocked most of the proposed changes. The remaining piece of legislation passed before the war was the Basic Law amendment that the Supreme Court just overturned. This amendment eliminated the courts’ power to overturn “extremely unreasonable” decisions made by the government.

The government, while critical of the Court’s ruling, is unlikely to take immediate action due to the ongoing war. However, refusal to acknowledge the Court’s authority would lead to a constitutional crisis and pose a threat to Israel’s political system.

The ban on reasonableness review and the proposed judicial overhaul have long been unpopular among the public. However, the government’s ability to press the issue after the war may be limited by declining poll numbers and public discontent.

The future of Israeli politics will heavily depend on the outcome of the war and other factors, such as Netanyahu’s corruption trial. As the country navigates through this constitutional crisis, society eagerly awaits the resolution and the potential impact it may have on the future of Israeli democracy.