Judicial reform: Historic verdict: What’s next for Israel?

A ruling by the Supreme Court in Jerusalem against a key part of the controversial judicial reform has reignited tensions in Israel – in the middle of the war. By just one vote, 8 of the 15 judges declared an amendment to the law passed by Parliament in July null and void. This is the climax in the power struggle between the judiciary and the government. But will Benjamin Netanyahu’s right-wing religious government accept the verdict?

“Most important judgment since the founding of the state”

Experts rated the verdict the following day as extremely significant for the State of Israel, which is constantly struggling to find a balance between the Jewish and democratic character of the country. The core of the change in the law that has now been scrapped was that the Supreme Court was deprived of the opportunity to take action against “inappropriate” decisions by the government, the Prime Minister or individual ministers.

Former chief justice and attorney general Menachem Masus told the Israeli army radio that it was probably “the most important ruling by the Supreme Court since the founding of the state” in 1948. “It is particularly important because of the fundamental decision that parliament cannot do anything it wants to, even if it passes basic laws”. Basic laws in Israel can be changed with a simple majority.

A majority of 12 of the 15 judges also ruled in the ruling that the court had the authority to review constitutional laws “and to intervene in those rare and extreme cases where Parliament exceeds its powers.”

The constitutional lawyer Professor Suzie Navot considers this decision to be even more important than the ruling on the specific change in the law. “This is an issue that will continue to accompany us in the future,” she told Israeli radio. With its ruling, the court “deprived the government of its unlimited power.” This also protects citizens because there are no other control mechanisms in the Israeli system. “We don’t have a president who can veto a law. Parliament doesn’t have two chambers either.” The parliament, the Knesset, is de facto “the legislative arm of the government” because the coalition can dominate the House of Representatives.

Government critics celebrate the verdict as a victory for democracy

Israel’s Movement for Quality Government, which petitioned against the law change, hailed the ruling as a “huge public victory for those fighting for democracy.” Critics had always warned that the change could encourage corruption and the arbitrary appointment of important positions.

Representatives of the Netanyahu government criticized the verdict and, above all, the timing of its publication. Netanyahu’s right-wing conservative Likud party called it regrettable to make such a polarizing verdict “at a time when Israeli soldiers from the right and the left are fighting and endangering their lives in the war.”

Judicial reform divided Israeli society

The judicial reform, which the government has massively pushed forward since it was sworn in a year ago, has caused a deep rift in Israeli society. For months, hundreds of thousands of people took to the streets to protest against it. They classified the government’s actions as an acute threat to Israel’s democracy. According to experts, the legal changes as part of the reform could also play into Netanyahu’s hands in a corruption trial that is ongoing against him. The government argued, however, that the court was too powerful in Israel and interfered in political decisions.

Israel’s internal dispute as an opportunity for Hamas attack

Many saw the months-long dispute as a reason why Israel was so surprised by the devastating terrorist attack by the Islamist Hamas on October 7th. Until October 7, there had been repeated urgent warnings that Israel’s enemies could exploit its weakness.

The verdict is also seen as a setback for the already ailing Netanyahu. He has lost massively in popularity in polls since October 7th. Many resent him for not taking personal responsibility for allowing the Hamas massacre to happen.

Will the government accept the verdict?

If Netanyahu’s government does not accept the verdict, the country could face a state crisis. It is still unclear how the coalition will act, especially once the war is over. Justice Minister Jariv Levin, the driving force behind the reform, left at least one loophole open in his initial reaction. “The verdict, unparalleled in any Western democracy, will not discourage us,” Levin said. “As the fight continues on various fronts, we will continue to act with restraint and responsibility.”

A senior government member, however, told the newspaper Yediot Achronot: “The reform died on October 7th and will not come back to life.”