A majority of the court’s judges vote to strike down the law, saying it would seriously harm Israel’s democracy.
Israel’s Supreme Court has struck down a highly controversial law passed by Prime Minister Benjamin Netanyahu’s right-wing government that rolled back some of the top court’s power and sparked protests across the country.
The law, passed in July, was part of a broader judicial reform proposed by Netanyahu and his coalition of religious and nationalist partners.
The legislation before the court had removed some, but not all, of the tools the Supreme Court has to overturn the decisions of the government and ministers. It took away the court’s ability to overturn decisions it deemed “unreasonable.”
Eight of 15 judges ruled in favor of striking down the law, the court said Monday.
Justice Minister Yariv Levin, a Netanyahu ally and architect of the reform, criticized the court’s decision, saying it demonstrated “the opposite of the spirit of unity necessary these days for the success of our soldiers on the front.”
The ruling “will not discourage us,” Levin said, without indicating whether the Government will try to reactivate its plan in the short term. “As campaigns continue on different fronts, we will continue to act with restraint and responsibility.”
Opposition lawmakers praised the ruling. They had argued that Netanyahu’s efforts to eliminate the reasonableness standard open the door to corruption and improper appointments of unqualified cronies to important positions.
The Supreme Court, in a summary of its decision, said the majority of justices decided to strike down the law because it would seriously harm Israel’s democracy.
The move was a blow to Netanyahu and his hardline allies, who argued that the national legislature, not the high court, should have the final say on the legality of the legislation and other key decisions. But the judges said the Knesset, or parliament, does not have “omnipotent” power.
Netanyahu and his allies announced their sweeping reform plan shortly after taking office a year ago. He calls for limiting the power of judges, from limiting the Supreme Court’s ability to review parliamentary decisions to changing the way judges are appointed.
The government said the changes aim to strengthen democracy by limiting the authority of unelected judges and handing more powers to elected officials. But opponents see the reform as a power grab by Netanyahu, who is on trial on corruption charges, and an attack on a key watchdog.
Before Israel launched its latest attack on the besieged Gaza Strip on October 7, hundreds of thousands of Israelis took to the streets in weekly anti-government protests.
Among the protesters were military reservists, including fighter pilots and members of other elite units, who said they would stop reporting for duty if the reform was passed. Reservists form the backbone of the army.
Under the Israeli system, the prime minister governs through a majority coalition in parliament, effectively giving him control over the executive and legislative branches of the government.
As a result, the Supreme Court plays a critical oversight role. Critics said that by seeking to weaken the judiciary, Netanyahu and his allies are trying to erode the country’s checks and balances and consolidate power over the independent third branch of government.
