What’s next for Netanyahu after top court ruling against judicial overhaul?

What’s next for Netanyahu after top court ruling against judicial overhaul?


Israel’s Supreme Court has rejected a controversial law that Prime Minister Benjamin Netanyahu’s coalition government had been pushing for months – but which caused an uproar and led thousands of people to take to the streets to protest defiantly.

The decision is seen as a blow to the coalition government, which promised sweeping changes that would limit the powers of the judiciary but has suffered deep divisions since it was sworn in at the end of 2022.

Those divisions appear to have deepened with the Supreme Court’s decision as Israel wages a devastating war on Gaza that has already killed more than 22,000 people in the besieged enclave, more than a third of them children.

So what is the controversy about – and what’s next for Israel and Netanyahu?

On March 18, 2023, demonstrators gather in Tel Aviv for the eleventh consecutive day of protests against the government’s controversial judicial reform law [Jack Guez/ AFP]

What was the law about?

The law was the only one in a package of judicial reforms by the Netanyahu government aimed at limiting the Supreme Court’s powers over the executive branch.

Because Israel does not have a constitution, it relies on a set of fundamental laws and the legislation in question was an amendment to an existing provision that allowed the Supreme Court to override laws that it deemed failed a “reasonableness test.”

The new law eliminated the Supreme Court’s ability to block legislation based on this test. Other laws, part of the planned judicial reform, would give the Knesset, Israel’s parliament, more power to appoint Supreme Court judges.

Before its passage in July and afterward, the law faced swift and fierce opposition in Israel, with thousands of people in Israel and abroad demonstrating non-stop for several weeks. Thousands of army reservists also threatened to resign.

Critics say the law removes a crucial checks and balances component of Israeli democracy that is necessary in a country with a fragile legal system. Many Israelis also said the change weakens the independence of the judiciary at a time when the country is being ruled by its most far-right and religiously conservative coalition yet.

Western allies, including the United States and the United Kingdom, warned Netanyahu and advised his government to “uphold democracy” as demonstrations raged in both countries.

Although there was strong opposition even within the Knesset, the bill was passed by a vote of 64 to 0 after opposition MPs boycotted and walked out of the session.

What did the Supreme Court say?

In a vote on Monday, 12 of 15 Supreme Court justices ruled for the first time that the court had the power to overturn constitutional laws.

Eight justices also voted to strike down this specific “reasonableness” amendment. It is the first time that the court has repealed a Basic Law or an amendment to the Basic Law.

In a case summary, the Supreme Court said that the government’s passage of the law “completely removed the possibility of judicial review of the appropriateness of the decisions taken by the government, the Prime Minister and ministers,” adding that the passage of the law ” “completely withdrawn” This attitude could cause “unprecedented and serious damage” to Israeli democracy.

Netanyahu’s government has always maintained that the law is necessary to create balance in the branches of government and diversify the lineup, which it says puts minority interests ahead of national interests.

But some see the push for the law as Netanyahu’s attempt to avoid conviction in a lengthy corruption trial in which he is accused of bribery, fraud and breach of trust. This process was suspended after the start of Israel’s war on Gaza but resumed in early December. Netanyahu has denied any wrongdoing.

What’s next?

Netanyahu’s Justice Minister Yariv Levin, who pushed the controversial laws, including the one the court rejected, hit out at the judges and stressed that the ruling would “not stop our will.”

Levin also said the court’s decision to release its ruling while Israel’s war on Gaza was ongoing was “the opposite of the unity needed today for the success of our fighters on the front lines.” Likud, Netanyahu’s party, said the decision was “regrettable.”

However, if the government decides to ignore the Supreme Court ruling, it could ultimately destabilize the war coalition leading Israel’s attack on Gaza.

Defense Minister Yoav Gallant spoke out against the change – and was even temporarily fired because of it. On Monday, former Defense Minister Benny Gantz also called for the Supreme Court’s ruling to be respected – and thus publicly rejected Levin’s criticism of the judges.

“The verdict must be respected and the lesson of last year’s behavior must be internalized – we are brothers, we all have a common destiny,” he wrote on X. “These are not days for political disputes, that does not exist. “Winners and losers today. Today we only have one common goal: to win the war together.”





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