Six months after the Knesset abolished the reasonable standard in judicial review of decisions by elected officials and the government, Israel’s High Court of Justice has struck down the amendment by a narrow majority of eight justices against seven.
This was the first time that the court had ever struck down a Basic Law and 12 of the 15 justices ruled that the High Court had the right to disqualify a Basic Law. Responding to criticism of the timing of the ruling in the midst of a war, outgoing High Court President Justice Esther Hayut said that the court was required to perform its duty, especially as this is an issue touching on Israel’s core identity as a democratic state.
The Knesset amended the Basic Law: The Judiciary on July 24 when 64 MKs voted in favor of the amendment. Following the legislation, several petitions were filed against it, claiming, among other things, that the Knesset misused its constituent authority, that the legislation deprives the State of Israel of its democratic character, and that the legislative process was seriously flawed. Israel’s Attorney General Gali Baharav-Miara, argued that the law should be struck down.
On the other hand, the Knesset, the government and the chairman of the Constitution, Law and Justice Committee, MK Simcha Rothman, who were represented in the petition by private lawyers, argued that the court had no authority to strike down the law and even if it did it should not exercise it.
The court hearing on the petition in front of the 15 justice panel took place on September 13 and lasted 13 hours 30 minutes. Today’s ruling was written over 743 pages.
Minister of Justice Yariv Levin said, “The High Court justices decision to publish the ruling during the war contradicts the spirit of unity required for the success of our fighters on the front.”
The Movement for Quality Government in Israel which was one of the petitioners against the amendment said, “This is a historic day – a tremendous public victory for those who love democracy! Government and ministers who sought to exempt themselves from the rule of law have been informed that there are judges in Jerusalem, that there is democracy and that there is a separation of powers.”
Published by Globes, Israel business news – en.globes.co.il – on January 1, 2024.
© Copyright of Globes Publisher Itonut (1983) Ltd., 2024.
