The Supreme Court of Israel has reversed the legal reforms proposed by Netanyahu

In a significant development, Israel’s Supreme Court overturned a major part of Prime Minister Benjamin Netanyahu’s controversial judicial reform on Monday. This ruling could reopen societal divisions that had been temporarily overshadowed by the ongoing war against Hamas.

Netanyahu’s proposed overhaul, which led to widespread protests and threatened a constitutional crisis, was put on hold after Hamas militants launched an attack in southern Israel on October 7. The resulting war has persisted in Gaza for nearly three months. However, the court’s decision on Monday risks reigniting internal tensions even amidst the ongoing conflict.

Justice Minister Yariv Levin, a close associate of Netanyahu and the main architect behind the overhaul, criticized the court’s decision, arguing that it contradicts the current need for national unity. Despite the setback, Levin indicated the government’s determination to continue its efforts, albeit with restraint due to the ongoing military campaigns.

The court’s decision, made by a narrow vote, overturned a law passed in July that barred judges from invalidating government decisions deemed “unreasonable.” Critics argued that removing this standard could lead to corruption and the appointment of unqualified individuals to key positions.

This law was the first step in a series of planned reforms to the Israeli justice system, which were suspended following the Hamas attack that resulted in around 1,200 deaths and 240 kidnappings. The Israeli offensive that followed has caused nearly 22,000 deaths in Gaza, according to Palestinian health officials.

The Supreme Court’s ruling, by a majority, deemed the law harmful to the democratic nature of the State of Israel. The court also asserted its authority to overturn “Basic Laws,” which function as Israel’s constitution.

This decision represents a significant setback for Netanyahu and his allies, who believe the national legislature should have the final say over legal matters. The court’s ruling challenges the notion that the Knesset has absolute authority.

The government could potentially ignore this ruling, which could lead to a constitutional crisis over which branch of government holds ultimate power.

Netanyahu’s judicial reform plan, announced shortly after taking office, aimed to limit the power of judges and change how they are appointed, sparking controversy. While supporters claim the reforms strengthen democracy by limiting unelected judges’ power, opponents see it as a power grab by Netanyahu, who faces corruption charges.

The Movement for Quality Government in Israel, an opposition group to the legislation, hailed the ruling as a victory for democracy. Before the war, massive protests against the government reforms were a common sight, with military reservists, crucial to Israel’s defense, threatening to withdraw if the reforms passed.

The Supreme Court’s critical oversight role in Israel’s system checks the power of the executive and legislative branches. Critics argue that weakening the judiciary could upset the country’s balance of power and consolidate control over all government branches.

Netanyahu’s coalition, comprising ultranationalist and religious parties, has various grievances against the court, including issues related to West Bank settlements, military draft exemptions, and rights of LGBTQ+ people and Palestinians.

Previously, the U.S. had advised Netanyahu to pause these plans and seek wider political consensus.