Israel’s Supreme Court strikes down judicial reform bill

On Monday, Israel's Supreme Court invalidated legislation, which was passed by the hardline right-wing government led by Prime Minister Benjamin Netanyahu last year, significantly curtailing the functions of the judiciary and strengthening the administrative branch. The law has been criticized as a "bulletproof law" aiming to protect Netanyahu, who is facing trial for the first time as a sitting prime minister.

The social conflict in Israel seemed to briefly ease amid the war with the Palestinian militant group Hamas but is now expected to deepen. The split within the judiciary was starkly exposed as the annulment decision itself was reached with eight justices in favor and seven opposed among the 15 Supreme Court justices. Israel’s ruling Likud Party expressed its discontent with the ruling. This decision adds another potential setback for Netanyahu, who is already facing a leadership crisis due to prolonged warfare, civilian casualties in Palestine, and other challenges.

According to reports from The Times of Israel and others, the Supreme Court, with all 15 justices participating, ruled 8-7 to invalidate the "Basic Law: Amendment on the Judiciary," which had been passed by the parliament in July last year. "We have determined that this law seriously damages the fundamental nature of Israel as a democracy,” the court stated in a press release.

The Supreme Court mainly took issue with the section that eliminated the judiciary's authority to review irrational appointments of ministers by the administrative branch. The controversy had been ongoing for a long time as it not only removed the judiciary's check on the administration’s arbitrary appointments but also allowed the prime minister to appoint unqualified associates to key positions.

However, the aftermath and public division surrounding this ruling are expected to be substantial. The fact that seven conservative-leaning justices opposed the annulment decision indicates a concerning level of division within the judiciary.

In the political arena, opinions on the decision are sharply divided. Israeli Justice Minister Yariv Levin, known as the architect of this law, expressed his intention to resume efforts to pass the bill again once the conflict with Hamas comes to an end.


pep@donga.com