Netanyahu's proposal was approved in July 2023 and prevented review of measures based on the “principle of reasonableness”
The Supreme Court of Israel annulled this Monday (January 1, 2024), by 8 votes to 7, the law that limited the powers of the Judiciary. The proposal from Benjamin Netanyahu's government would suspend the Court's power to review proposals considered “irrational”.
The concept was often used by judges to block ministerial appointments and challenge planning decisions, among other Israeli government measures.
The country's Parliament approved the legislation in July 2023. There were 64 votes in favor of the law and none against. All members of the governing coalition, formed by Likud – the party of Israeli Prime Minister Benjamin Netanyahu – and two ultra-Orthodox groups, Shas and United Torah Judaism, approved the measure. Opposition members let the plenary.
Netanyahu introduced the bill to reform the judiciary in January 2022, after a Supreme Court ruling forced him to ask for the resignation of his political ally and minister Aryeh Deri, who was convicted of tax fraud in the same year.
The Legal Committee of the Israeli Parliament approved the measure during a wave of protests in Israel. However, the legislation was overshadowed by the extremist group Hamas' attacks on the country in early October.
The Supreme Court's decision was criticized by the country's Justice Minister, Yariv Levin. He said that the decision is the “opposite” to what is needed for Israel at this time. In note published on social media, stated that the Government will continue to act “with restraint and responsibility”.
Here is Yariv Levin's full note:
“The decision of the Supreme Court judges to publish the verdict during the war is the opposite of the spirit of unity necessary today for the success of our fighters on the front line.
“In fact, judges take into their hands in the verdict all powers, which in a democratic regime are equally divided between the three government authorities. A situation in which it is not possible to enact even a basic law or make any decision in the Knesset and in the government that is not in agreement with the supreme judges, takes away from millions of citizens their voice and the basic right to be equal partners in decision-making .
“The verdict, like no other in Western democracy, will not let us go. As the campaign continues on different fronts, we will continue to behave with restraint and responsibility.”
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