Supreme Court invalidates key provision of Netanyahu’s judicial reform

In reaction, the Minister of Justice accused the Supreme Court of “assuming all the powers”.

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The Israeli Supreme Court, September 28, 2023, in Jerusalem.  (MENAHEM KAHANA / AFP)

It was an extremely anticipated decision. The Israeli Supreme Court announced on Monday January 1 that it had invalidated a key provision of the highly controversial judicial reform promoted by the Israeli government. Benjamin Netanyahu. The invalidated measure provided for removing from the judiciary the right to rule on “reasonableness” decisions of the government or the Knesset, the Israeli Parliament.

The Minister of Justice, Yariv Levin, immediately reacted and accused the Supreme Court of “assume all powers”. “In fact, the judges (of the Supreme Court) take into their hands, with this decision, all the powers which, in a democratic regime, are distributed in a balanced manner between the three powers”, executive, legislative and judicial, the minister wrote on Telegram. He also criticized the publication of this judgment “in the middle of war (in the Gaza Strip), which goes against the unity necessary in these days for the success of our fighters on the front.”

On July 24, the Knesset approved this flagship measure which prevents judges from overturning government decisions that it judges “unreasonable”. And this despite eight months of protests by Israelis in the streets. To understand the impact of such a measure, it is enough to look at an example from current events in Israel. In January, the Supreme Court invalidated the appointment of Arié Dery, convicted of tax fraud, as Minister of the Interior and Health. She considered it unreasonable for him to sit in the government. Benjamin Netanyahu, angry with the judges, was forced to dismiss him from office.


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