The Israeli Supreme Court’s decision to strike down a law passed by the Knesset last year that sought to limit the judiciary’s powers is a clear setback to the government of Prime Minister Benjamin Netanyahu, which is fighting a brutal war in Gaza. The law, passed with 64-0 votes in the 120-member Parliament after an opposition boycott in July 2023, had scrapped the reasonability doctrine, a legal standard used by the country’s judges to assess government decisions and ministerial appointments. The legislation, which amended Israel’s Basic Laws, was part of a reform package by the right-religious government to strengthen the hands of the government over the judiciary. Despite street protests, the coalition government passed its first part in the Knesset. Government supporters claimed that the court had no powers to rule on a Basic Law, which it had not done in the past. But on Monday, the court, sitting with a full panel of 15 judges for the first time in its history, stated, 12 to 3, that it had the powers to rule over the Basic Laws; eight judges, against seven dissenters, ruled in favour of striking down the law that scrapped the reasonability standard.
The reasonability doctrine is not a unique standard employed by Israel’s courts. Judges in other liberal democracies such as Australia, Canada and the U.K. assess the reasonableness of government decisions. In Israel, a country with a single House of Parliament, a ceremonial President and with no written Constitution, the independence of the judiciary is critical to ensure that there are checks and balances in the system. Israel’s far-right government was trying to tip this balance in favour of the Knesset, which is dominated by right-wing, pro-settler and ultra-Orthodox parties. The Supreme Court has put the brakes on this overhaul plan, for now. Its decision comes at a precarious time for Mr. Netanyahu, who has seen his popularity plummeting after his government failed to detect and stop the October 7 Hamas attack that killed 1,200 Israelis. The war of almost three months in Gaza, claiming at least 22,000 lives, has triggered a humanitarian tragedy, but Israel is far from meeting its declared objectives. On the day of the court ruling, the Israeli military announced the drawing down of thousands of reservists from Gaza and sending them back to work to strengthen a shrinking economy. In a recent poll, 69% of Israelis want elections immediately after the war is over. Mr. Netanyahu had claimed unity when he declared war on Hamas, but as the war drags on, divisions have started resurfacing. Any attempt to press ahead with the judicial overhaul plan would only weaken his government further. Instead, the Prime Minister should focus on bringing the war to an end.
