The Israeli Supreme Court's decision to overturn Prime Minister Binyamin Netanyahu's judicial overhaul marks a watershed moment for Israeli democracy. But while the far right's efforts to transform Israel into an authoritarian state have been thwarted, the war in Gaza will keep Netanyahu and his extremist allies in power.
TEL AVIV – This week, the Israeli Supreme Court ruled on two major bills pushed by Prime Minister Binyamin Netanyahu’s far-right government as part of its judicial overhaul. The decision to strike down the first and delay activation of the second until after the next general election delivered a historic victory for Israel’s democratic forces.
The first bill would have eliminated the Supreme Court’s power to block “extremely unreasonable” government decisions. The second bill, explicitly tailored for Netanyahu, who currently is on trial for corruption, sought to bar Israel’s attorney general from declaring him unfit for office if he attempts to interfere with the criminal proceedings, and stipulated that the prime minister could be declared incapacitated only for health reasons. Both bills were approved by the Knesset during the summer as amendments to Israel’s Basic Laws, which serve as the country’s de facto constitution.
These rulings mark a watershed moment for Israeli democracy. By striking down the government’s judicial overhaul, the Supreme Court rejected the notion that wartime unity necessitates tolerating Netanyahu’s erosion of democratic norms. In a narrow 8-7 majority, the Court upheld the reasonableness standard, rebuking the ruling coalition for causing “severe and unprecedented harm” to Israel’s democratic character.
TEL AVIV – This week, the Israeli Supreme Court ruled on two major bills pushed by Prime Minister Binyamin Netanyahu’s far-right government as part of its judicial overhaul. The decision to strike down the first and delay activation of the second until after the next general election delivered a historic victory for Israel’s democratic forces.
The first bill would have eliminated the Supreme Court’s power to block “extremely unreasonable” government decisions. The second bill, explicitly tailored for Netanyahu, who currently is on trial for corruption, sought to bar Israel’s attorney general from declaring him unfit for office if he attempts to interfere with the criminal proceedings, and stipulated that the prime minister could be declared incapacitated only for health reasons. Both bills were approved by the Knesset during the summer as amendments to Israel’s Basic Laws, which serve as the country’s de facto constitution.
These rulings mark a watershed moment for Israeli democracy. By striking down the government’s judicial overhaul, the Supreme Court rejected the notion that wartime unity necessitates tolerating Netanyahu’s erosion of democratic norms. In a narrow 8-7 majority, the Court upheld the reasonableness standard, rebuking the ruling coalition for causing “severe and unprecedented harm” to Israel’s democratic character.