Israel’s Supreme Court Begins Consideration of Law Limiting Its Power
Israel’s Supreme Court convened on Tuesday to begin considering whether to strike down a controversial law that limits the court’s own power. This hearing sets the stage for a constitutional showdown between the country’s judicial and executive branches.
The High Court is examining a bill passed by Parliament in July, which declares that judges can no longer overrule ministerial decisions using the legal standard of “reasonableness.” The bill was pushed by the most nationalist and religiously conservative government in Israel’s history.
The outcome of this case is considered one of the most significant in Israel’s history, with the country’s future and character at stake. Justices could take until January to reach a decision.
Prime Minister Benjamin Netanyahu’s government sees the Supreme Court as an obstacle to their vision of a more conservative, nationalist society. The court has historically acted as a check on religious influence, Israeli activities in the occupied West Bank, and decisions favoring Jews over Arabs.
On the other hand, the opposition views the court as a defender of Israel’s secular character, protector of minorities, and a bulwark against authoritarianism.
The law passed in July aimed to weaken the court by barring it from striking down government decisions based on their “unreasonableness.” Coalition leaders argued that the concept was too vague and had given unelected judges too much power in the past.
Justice Minister Yariv Levin criticized the court’s decision to review the law, calling it an overstep of its authority and a threat to the rule of the people.
The Supreme Court is hearing arguments from eight petitioners against the law, including civil society organizations campaigning for good governance. They argue that the legislation undermines Israeli democracy by limiting the court’s power, which serves as the main check on government overreach.
The judicial overhaul has sparked mass protests, strained Israel’s relationship with the United States government, and prompted some investors to divest from the country.
In a demonstration of the case’s importance, all 15 of the court’s judges will hear the case, rearranging the layout of the judges’ bench. This is an unprecedented number, as usually between three and 11 judges sit for each case.
It is too early to determine how the court might rule, but some members of the court expressed concerns about the law during the hearing. Chief Justice Esther Hayut highlighted the importance of the reasonableness standard in supervising the government’s actions.
Legal analysts suggest that this case could have far-reaching implications for the balance of power between the judiciary and the executive branch in Israel.