Dramatic decision: Supreme Court overturns core element of Netanyahu’s judicial reform Israel expects a long war and sends some reservists home – the night update

In a dramatic decision, Israel’s Supreme Court has overturned a core element of the country’s controversial judicial reform. A wafer-thin majority of eight of the fifteen judges were in favor of annulling a change in the law that was adopted in July, the court announced on Monday. The change in the Basic Law deprived the court of the ability to take action against “inappropriate” decisions by the government, the prime minister or individual ministers. Critics had warned that this could encourage corruption and the arbitrary appointment of key posts. Representatives of the democratic movement and the opposition praised Monday’s Supreme Court ruling.

The justification said the change in law would have “caused serious and unprecedented damage to the core characteristics of the State of Israel as a democratic state.”

In Israel’s history, a similar law has never been rejected by the Supreme Court. If Prime Minister Benjamin Netanyahu’s right-wing religious government does not accept the decision, the country will face a state crisis.

The government pushed through the law change despite enormous resistance in parliament. Israel’s Supreme Court then convened in September for a historic trial. For the first time in the country’s history, all fifteen judges came together to discuss eight petitions against the adopted amendment to the Basic Law.

Divided society

The reform of the judicial system, which the government had implemented massively since it was sworn in a year ago, had deeply divided Israeli society. For months, hundreds of thousands of people took to the streets to protest against it. Critics viewed the government’s actions as a threat to Israeli democracy. However, Netanyahu’s government argued that the court was too powerful in Israel and that it simply wanted to restore balance. Negotiations for a compromise were unsuccessful.

Many saw the months of heated disputes as one reason why Israel was so surprised by the Islamist Hamas’s devastating attack in the border area on October 7. Israeli army spokesman Daniel Hagari said Monday that Hamas may have carried out its Oct. 7 attack because it believed Israeli society was in chaos.

Israeli broadcaster N12 leaked a draft of the Supreme Court’s ruling. For formal reasons, the court had until January 12 to publish its ruling. Justice Minister Jariv Levin, who is seen as the driving force behind the reform, had nevertheless asked the court to postpone the ruling until after the war. “While our soldiers fight side by side on several fronts, and while the entire nation mourns the loss of many lives, the people of Israel must not be torn apart by fighting,” Levin argued.

Netanyahu’s Likud party criticized the verdict

The verdict is another setback for Netanyahu. Since October 7, he had lost enormous popularity in the polls. Many people blame him for not yet acknowledging his personal responsibility for allowing Hamas’ massacre.

Israel’s Movement for Quality Government called it a “historic day” after Monday’s Supreme Court ruling. “This is a huge public victory for those fighting for democracy,” the organization said in an initial statement. She had filed one of a total of eight petitions against the amendment to the Basic Law that was passed by parliament in July. Israeli opposition leader Jair Lapid also expressed his support for the Supreme Court. The court faithfully fulfilled its mandate to protect the citizens of Israel. “We fully support the Supreme Court,” Lapid wrote on Platform X.

In a statement, Netanyahu’s right-wing conservative Likud party criticized both the verdict and the court’s choice of timing for its announcement. “The court’s ruling contradicts the people’s will for unity, especially in times of war.” Minister of Justice Levin made a similar statement on Monday, according to the news site ynet, but emphasized that they would not be discouraged by the verdict. The Speaker of the Israeli Parliament, Amir Ochana, even denied the Supreme Court the power to annul basic laws. This is “obvious,” Ochana said, according to media reports. “It is even more clear that we cannot deal with this now that the war is at its peak,” Ochana said.

“The verdict must be respected,” wrote Benny Gantz, minister in the Israeli war cabinet, about the platform elections that would currently be by far the strongest faction.

It is unclear how the government will respond to the ruling in practice. In an interview with American broadcaster CNN in September, Netanyahu declined to give a clear answer to the question of whether he would respect a court ruling against the law change. Netanyahu said at the time: “I believe that we must adhere to the rulings of the Supreme Court and that the Supreme Court must adhere to the basic laws that parliament passes.” (sda/dpa)