USALife.info / NEWS / 2024 / 01 / 01 / ISRAELI SUPREME COURT REJECTS NETANYAHU'S JUDICIAL OVERHAUL PLAN AMIDST ONGOING HAMAS WAR
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Israeli Supreme Court rejects Netanyahu's judicial overhaul plan amidst ongoing Hamas war

15:20 01.01.2024

Israel's Supreme Court has made a landmark decision by striking down a key component of Prime Minister Benjamin Netanyahu's judicial overhaul. This decision has the potential to reopen the divisions in Israeli society that preceded the ongoing war against Hamas. The planned overhaul had sparked months of mass protests and threatened to trigger a constitutional crisis between the judicial and legislative branches of government, as well as rattling the cohesion of the military.

The divisions caused by the judicial overhaul were temporarily put aside after Hamas militants carried out a deadly cross-border attack on October 7th, leading to a war that has been raging in Gaza for nearly three months. However, Monday's court decision has the potential to reignite those tensions, even as the country remains at war.

Justice Minister Yariv Levin, a close ally of Netanyahu and the architect of the overhaul, strongly criticized the court's decision, stating that it goes against the spirit of unity required for the success of the soldiers on the frontlines. Despite the court ruling, Levin stated that the government will not be discouraged and will continue to act with restraint and responsibility.

The Supreme Court's decision narrowly voted to overturn a law passed in July that prevented judges from striking down government decisions they deemed "unreasonable." Opponents of the overhaul argued that removing the standard of reasonability could lead to corruption and improper appointments of unqualified individuals to important positions. The law was the first step in a planned overhaul of the Israeli justice system, which has been put on hold since the outbreak of the war with Hamas.

In an 8-7 decision, the Supreme Court justices struck down the law, citing the "severe and unprecedented harm to the core character of the State of Israel as a democratic country." They also voted 12-3 that they had the authority to overturn major pieces of legislation known as "Basic Laws." This decision was a significant blow to Netanyahu and his hard-line allies, who believed that the national legislature should have the final say over the legality of legislation and other key decisions.

Netanyahu's government could choose to ignore the court's ruling, potentially leading to a constitutional crisis over who has ultimate authority. The proposed overhaul of the justice system aims to curb the power of judges, limit the Supreme Court's ability to review parliamentary decisions, and change the way judges are appointed. Supporters argue that these changes would strengthen democracy by giving more power to elected officials, while opponents see it as a power grab by Netanyahu and an assault on a key watchdog.

Before the war with Hamas, hundreds of thousands of Israelis took part in weekly protests against the government, including military reservists who threatened to stop reporting for duty if the overhaul was passed. While the reservists returned to duty after the Oct. 7 attacks, it remains unclear what would happen if the overhaul efforts were revived. A resumption of protests could undermine national unity and potentially affect the military's readiness if soldiers refuse to report for duty.

The Supreme Court plays a critical oversight role in the Israeli system, as the prime minister governs through a majority coalition in parliament. Critics argue that by seeking to weaken the judiciary, Netanyahu and his allies are attempting to erode the country's checks and balances and consolidate power over the independent branch of government.

Overall, the Supreme Court's decision to strike down a key component of Netanyahu's judicial overhaul has the potential to reignite divisions in Israeli society during an already tumultuous time of war with Hamas. The government's response to the ruling will determine whether a constitutional crisis ensues and whether the proposed judicial overhaul will be revived.

/ Monday, January 1, 2024, 3:20 PM /

themes:  Military  War  Israel  Hamas

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