In a closely contested decision, Israel's Supreme Court has struck down a crucial law designed to weaken its authority, dealing a considerable blow to Prime Minister Benjamin Netanyahu's right-wing coalition. The court's momentous verdict was achieved with a slim majority- 8 votes to 7- dismantling the law that attempted to bar judges from labeling government decisions "unreasonable."
"A historic day" as described by the liberal Movement for Quality Government in Israel, the ruling signified a reaffirmation of democratic principles and the separation of powers within the nation.
The Deep Divisions Within Israeli Society
The narrow margin by which the decision was reached reflects the enduring divisions in Israeli society concerning the court's jurisdiction. The contested amendment caused "severe and unprecedented harm to the core characteristics of Israel as a democratic state," the court declared.
Barak Medina, a law professor at Hebrew University, stated that the ruling would take effect immediately, with eight judges voting in favor of overturning and seven opting to uphold the law.
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A Populist Overhaul that Divided the Nation
The law, enacted as an amendment to a Basic Law, represented the first of several judicial reforms proposed by Netanyahu's government in late December 2022. This series of changes sparked heated debates nationwide, impacted markets negatively, and attracted criticism from the White House. Amid such political unrest, hundreds of thousands of people took to the streets in protest or support, reflecting the internal divisions that persist in Israeli society to this day.
The concept of "reasonableness," considered by critics as a crude instrument employed by the court, has been instrumental in challenging cronyism, safeguarding human rights, and promoting rational decision-making. Professor Medina stressed that the decision would halt further attempts to pursue a judicial overhaul and ensure the government adheres to public interests.
Court's Authority to Review Basic Laws
Further validating its standing, the court claimed authority to execute "judicial review of Basic Laws" by a ratio of 12 to 15. Moreover, the court asserted its right to intervene in exceptional cases whereby the Knesset surpasses its constitutive authority.
In response, Netanyahu's Likud party accused the court of undermining national unity, particularly during the conflict. The party remarked that the verdict contradicts public sentiments favoring unity amid wartime.
The Battle between Nationalistic and Liberal Ideals
The judicial rulings highlight the long-standing tensions stemming from Israel's national identity and its obligations towards its non-Jewish populace. As the political leadership tilts towards religious and nationalistic sentiments, the legal establishment maintains a more liberal stance. The court's defense of human and minority rights fuels frustration among the right-wing hardliners who advocate for policy shifts based on electoral outcomes.
Even without a constitutional framework, Israel's judicial system relies on basic laws that have increasingly been utilized over the past thirty years to assess constitutionality.
"Unwritten principles" and core democratic values were reinforced by the court's most recent decision, acting as a check on the parliament's powers, according to Medina.
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