Israel’s Supreme Court struck down a controversial legislation passed last July (2023). Huge protests had broken out in Tel Aviv streets as citizens saw this as an authoritarian government move to strike at the independence of the judiciary. The law had limited the Supreme Court’s oversight of government actions and policies and attempted to end the court’s ability to strike down government decisions and appointments on the basis of “reasonability.”
In a move that was described as the first piece of legislation of Netanyahu’s judicial overhaul — a plan that (allegedly) destabilised Israel’s economy, military and foreign relations –the Israeli Supreme Court struck down the law in a 8-7 decision. Significantly, the court ruled that the law should be repealed because it seriously and unprecedentedly damages Israel’s democratic character.
Twelve out of 15 Supreme Court judges ruled that the court has the authority to conduct judicial oversight on basic laws and intervene in extreme cases when the Knesset oversteps its legislative authority. A draft ruling was leaked a few days ago to Israel’s Channel 12 in an unprecedented move that resembled the leak of the 2022 Roe v. Wade ruling in the U.S.
Following this media leak, it is reported that Netanyahu and his political allies called on the court not to publish the ruling, claiming it would be divisive if it happened in the middle of the war in Gaza. Some also hinted that they believed the ruling would be illegitimate because two of the judges who supported striking down the law had already retired.
Before the October 7 Hamas attack, Netanyahu and his right-wing coalition had for months faced mass anti-government protests over the plan. Hundreds of thousands of Israeli reservists, including fighter pilots and members of the intelligence, cyber and special operations units in the IDF, stopped reporting to duty after the bill passed. In fact, in the weeks before the law passed, Israeli intelligence services warned Netanyahu four times that the internal crisis around the judicial overhaul weakens Israel’s deterrence and encourages its enemies in the region to consider attacking it.
Interestingly, ever since the Hamas attack, many in Israel have claimed Netanyahu’s judicial overhaul created a domestic crisis that distracted Israel’s attention from external threats and led to intelligence and security failure on Oct. 7.
Related:
How Does International Humanitarian Law Apply in Israel and Gaza?