Israel’s Supreme Court has struck down a key law of Netanyahu’s controversial judicial reform

Israel’s Supreme Court has announced the repeal of a key judicial reform law approved by Benjamin Netanyahu’s government in July. This rule took away the power of the courts themselves to review and overturn government decisions based on whether they were reasonable. The Supreme Court now upholds the ability of the courts to intervene and strike down, in exceptional cases and in extreme cases, regulations in which the Knesset or Parliament exceeds its authority.

The court, by a narrow majority of eight judges out of fifteen, struck down the legislation, which stripped the courts of power, saying it “does serious and unprecedented damage to the fundamental characteristics of Israel as a democratic state.” said the decision published on Monday.

The court ruling is a blow to Netanyahu’s right-wing coalition’s reform plan, which undermines the separation of powers and the independence of the judiciary in Israel, and which brought Israeli masses to the streets before the war in Gaza. A protest movement of historical dimension in the country.

The proposal, which comes as the country is embroiled in the Gaza war, has been hailed as “historic” and “controversial” by the Israeli press as it raises again the issue of judicial reform, which has caused great polarization among Israelis. supporters and detractors, and exacerbated already existing divisions in a country now sidelined by the war effort against Hamas.

The Supreme Court’s ruling comes in response to eight appeals filed by entities such as the Movement for Quality Government in Israel. That led to a hearing in September by 15 court judges to analyze challenges to the law that overturned the so-called “reasonableness doctrine.”

Both the approval of the legislation itself in July and the day of the hearing in September sparked a large mobilization in Israel in favor of court intervention to overturn the measure. Opponents of judicial reform complained that the law gave more power to the executive at the expense of justice.

Members of the government – the most right-wing in Israel’s history, as well as members of far-right forces – warned at the time that a ruling against Supreme Court rules would put democracy in check and threatened to disobey. by ruling.

The law was passed as an amendment to one of Israel’s main laws, the fundamental rules that govern the state, which has had no constitution since its founding in 1948. It is also the first time in Israel’s history that the Supreme Court has intervened before amending the Basic Law.

Source: El Diario





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