Israel: Supreme Court dismisses government legal reform

Monday’s decision by Israel’s highest court rejected a significant element of the government’s divisive legislative reform, which questioned the judiciary’s authority and provoked widespread demonstrations.

According to a Supreme Court statement, eight out of the fifteen judges had decided against the repeal of the “reasonableness” clause, which was adopted by parliament in July and which the court uses to reject decisions made by the government that it believes to be unconstitutional.

“This is due to the severe and unprecedented damage to the basic characteristics of the State of Israel as a democratic state,” the statement said.

The comprehensive judicial reform package that was unveiled a year ago, according to Prime Minister Benjamin Netanyahu, was required to restore the proper balance of power between legislators and judges.

However, his critics fear that the multi-pronged package set the stage for authoritarian leadership and that Netanyahu may use it to thwart any convictions that might be made against him; the prime minister refutes this claim.

The weekly rallies by tens of thousands of protestors against the government changes only came to a stop when the Israel-Hamas war broke out in October.

One of the most controversial aspects of the legal reform package was the “reasonableness” amendment, which attempted to reduce judicial control of the government. It was the only significant component of the package to pass into law.

Voting against the reasonableness clause in July, opposition members screamed “shame” and walked out of the parliament, supported by Netanyahu’s friends.

Just a few court rulings—including a well-known one from last year that prohibited a Netanyahu loyalist from holding a cabinet position due to a prior tax evasion conviction—have mentioned the statute.

(With agency inputs)