Examining Israel’s Supreme Court’s Power Restriction: What You Need to Know

Israel’s Supreme Court prepares to decide whether a controversial law that restricts the court’s power should be abolished. This hearing sets the stage for a constitutional showdown between the judicial and executive branches of the country’s government.

In July, Parliament passed a bill that prohibits judges from overturning ministerial decisions using the legal standard of “reasonableness.” The Supreme Court will now deliberate on this bill, with the decision likely to take several months.

The outcome of this hearing is of great significance to Israelis across the political spectrum, as it will shape the future and character of the country.

Prime Minister Benjamin Netanyahu’s government, known for its nationalism and religious conservatism, views the court as an obstacle to its vision of a more conservative and nationalist society. Historically, the court has been a check on religious influence, Israeli activity in the West Bank, and decisions favoring Jews over Arabs.

On the other hand, the opposition sees the court as a protector of Israel’s secular character, minority rights, and defense against authoritarianism.

The government passed the legislation in July to prevent the court from using the “reasonableness” standard, which was considered too flexible and allowed the court to intervene in government decisions. The coalition argues that the court still has other means to curb government influence.

During the hearing, the court will hear arguments from eight petitioners, mostly civil society organizations advocating for good governance.

Opponents of the law claim that it undermines Israeli democracy by limiting the Supreme Court’s power, which serves as the main check against government overreach. Without a written constitution or a second chamber of Parliament, the court plays a crucial role in balancing the power of the cabinet and legislature.

The law is only one part of a broader legislative package that the government has yet to implement. The government still aims to pass another law that increases its control over judicial appointments, but Parliament rejecting a third plan that would have allowed it to overrule Supreme Court decisions.

This legislative package has sparked what many consider the most significant domestic crisis in Israeli history, exacerbating divisions between secular and religious Israelis, as well as Jews of European and Middle Eastern descent.

Opponents of the law have been engaged in mass protests for 36 consecutive weeks. The judicial overhaul has also led to some divestment from Israel by investors, caused over 1,000 reserve soldiers to suspend their volunteer duty, and strained the country’s relationship with the United States government.