Israel’s Top Court Has Struck Down A Law Passed By The Far-Right Government To Weaken Its Power
Benjamin Netanyahu’s government – the most right-wing in Israel’s history – had passed a law that stopped the Supreme Court from declaring government decisions unreasonable.
Israeli Prime Minister Benjamin Netanyahu chairs a Cabinet meeting at the Kirya, which houses the Israeli Ministry of Defence, in Tel Aviv. (Photo by ABIR SULTAN / POOL / AFP)
In January 2023, Netanyahu’s government – the most right-wing in Israel’s history – proposed making a series of changes to the country’s judicial system, leading to unprecedented mass protests.
Israeli protesters hold flags and signs during a protest against the Judicial reforms, outside the Knesset in Jerusalem on February 22, 2023. (Photo by Ilia Yefimovich/picture alliance via Getty Images)
In Israel, the Supreme Court has always had the power to declare laws passed by the parliament – known as the Knesset – as unconstitutional.
Protesters wave flags and hold placards during a demonstration in Jerusalem on February 13, 2023 against Israeli Prime Minister Benjamin Netanyahu’s judicial reform. (Photo by Eyal Warshavsky/SOPA Images/LightRocket via Getty Images)
However, the government proposed a bill that would weaken this power in three major ways.
Demonstrators gather to stage a protest against regulations of Prime Minister of Israel Benjamin Netanyahu’s government restricting the powers of the judiciary at Ayalon Highway in Tel Aviv, Israel on March 18, 2023. (Photo by Mostafa Alkharouf/Anadolu Agency via Getty Images)
The first is taking away the Supreme Court’s power to declare government decisions as unreasonable.
Protestors raise their hands in a show of no violence during an anti-judicial overhaul demonstration in Jerusalem on July 24, 2023. (Photo by Eyal Warshavsky/SOPA Images/LightRocket via Getty Images)
The second is allowing the Knesset to override Supreme Court decisions through a majority vote.
Israeli protesters attend a rally in central Tel Aviv, on February 11, 2023, against controversial legal reforms being touted by the country’s hard-right government. (Photo by JACK GUEZ/AFP via Getty Images)
And the third is changing the committee that chooses Supreme Court judges so the government can control who is selected.
Protestors wave Israeli flags during a demonstration Mass demonstrations against the judicial reform were held in Jerusalem and Tel Aviv on February 20, 2023. (Photo by Eyal Warshavsky/SOPA Images/LightRocket via Getty Images)
The government said these measures are necessary because the Supreme Court, which is made up of unelected judges, has too much power over elected politicians.
Protesters hold signs and flags during a massive protest against the government’s judicial overhaul plan on March 11, 2023 in Tel Aviv, Israel. (Photo by Amir Levy/Getty Images)
But protesters and critics say the changes weaken the supreme court’s independence and give the government too much power.
Demonstrators lift placards and use flares during a rally to protest the Israeli government’s judicial overhaul bill in Tel Aviv, on April 29, 2023. (Photo by JACK GUEZ/AFP via Getty Images)
Protesters say this could allow the government to further its right-wing agenda, including constructing Israeli settlements in Palestine’s occupied West Bank.
A protester holds a placard that says, “Democracy Occupation Oxymoron” at a demonstration on June 3, 2023 against the judicial reform. (Photo by Matan Golan/SOPA Images/LightRocket via Getty Images)
There are also concerns that the changes would shield Netanyahu from a corruption trial he is currently facing.
Protesters hold national flags amid ongoing demonstrations against the government’s judicial reform bill, in Tel Aviv on April 8, 2023. (Photo by GIL COHEN-MAGEN/AFP via Getty Images)
Netanyahu was forced to pause efforts to push through the reform in March due to the scale of the protests.
This aerial view shows demonstrators unfurling a giant banner against Israeli Prime Minister Benjamin Netanyahu during a rally against the Israeli government’s judicial overhaul plan near Azrieli Mall in Tel Aviv. (Photo by JACK GUEZ/AFP via Getty Images)
But in July, the parliament passed the first part of the reform – stopping the Supreme Court from declaring government decisions unreasonable – after the opposition boycotted the vote.
Demonstrators carry placards during a protest against the government’s judicial overhaul bill, in Tel Aviv on July 15, 2023. (Photo by AHMAD GHARABLI / AFP)
The decision was met with more mass protests, which turned into the largest and longest in Israel’s 75-year history.
Protesters lift flags and placards as they march against the Israeli government’s judicial overhaul plan in Tel Aviv on July 29, 2023. (Photo by JACK GUEZ/AFP via Getty Images)
The supreme court then announced it will review the new law by hearing appeals against it.
An aerial view of Kaplan Street as Israelis gather to protest against the government’s judicial overhaul bill, in Tel Aviv, Israel on July 29, 2023. (Photo by Yair Palti/Anadolu Agency via Getty Images)
And on Monday January 1, 2024, the supreme court struck down the law by a majority of eight judges to seven.
Protesters hold up a sign as thousands of Israelis attend a rally against Israeli Government’s judicial overhaul plan on March 27, 2023 in Jerusalem, Israel. (Photo by Amir Levy/Getty Images)
In its ruling, the judges said the law severely damages Israel’s democracy.
People demonstrate at the Brandenburg Gate with a sign that reads “Crime minister” during the visit of Israeli Prime Minister Benjamin Netanyahu against possible legislation in Israel that would undermine the role of Israel’s Supreme Court. (Photo by Maja Hitij/Getty Images)
Netanyahu’s party said that the decision was unfortunate and opposed “the will of the people for unity, especially during wartime”.
Israeli Prime Minister Benjamin Netanyahu (2R) chairs a Cabinet meeting at the Kirya, which houses the Israeli Ministry of Defence, in Tel Aviv. (Photo by Menahem KAHANA / POOL / AFP)
The ruling could deal another blow to Netanyahu’s government, which is under pressure for its response to Hamas’ attack on October 7 and its subsequent failure to rescue all the Israeli hostages.
A man stands with a sign showing five faces of Israeli Prime Minister Benjamin Netanyahu smeared with red hand-prints during a protest calling for the release of hostages held by Palestinian militants since the October 7 attack, in Tel Avi.(Photo by AHMAD GHARABLI/AFP via Getty Images)
