Israel Supreme Court Strikes Down Judical Overhaul Legislation
by Emmitt Barry, Worthy News Correspondent
(Worthy News) – In a tight 8-7 landmark decision, the Supreme Court of Israel overturned a significant part of the judicial reform implemented by Prime Minister Benjamin Netanyahu’s government that threatens to reignite societal divisions within the country before the ongoing war that started on October 7.
The Israeli Supreme Court’s decision to overturn the law effectively reinstates the “reasonableness clause,” which empowers the court to oversee government decisions. This marks a historic decision as it is the first time the court has ruled on one of Israel’s quasi-constitutional Basic Laws.
The majority opinion of Israel’s Supreme Court, decided by a slim 8 to 7 vote, declared that the Basic Law, which nullified the reasonableness clause, was beyond the Knesset’s legislative authority and therefore needed to be overturned.
“Under extreme circumstances, the Supreme Court is authorized, under its mandate as the highest judicial authority in the land, to announce the annulment of a Basic Law when the Knesset exceeds its legislative authority,” the majority opinion stated.
Justice Minister Yariv Levin expressed dissatisfaction with the Supreme Court’s decision, emphasizing the consequences of judicial power in the balance of government.
“The concentration of power in the hands of judges during court rulings undermines the balance of power among the three branches of government in a democratic system.,” Levin said.
“When even the enactment of basic laws or decision-making in the Knesset and government requires the consent of Supreme Court judges, it robs millions of citizens of their voice and the essential right to participate equally in decision-making processes. This lack of equivalent checks and balances is uncommon in Western democracies. As the struggle persists on multiple fronts, we will remain committed to acting with caution and responsibility,” Levin concluded.
On Monday evening, the Supreme Court of Israel announced its decision, following a report by Israeli Channel 12 News several days prior. This report had revealed a leak indicating that the 15-judge panel of the Supreme Court was sharply divided on the issue, with a close 8 to 7 split in favor of nullifying the law.
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