Israel’s Supreme Court Hears Petitions Against Basic Law Cancelling Reasonability Clause

JERUSALEM (VINnews) — The Israeli Supreme Court will hold an unprecedented full-panel session Tuesday morning to examine the legality of the cancellation of the reasonableness clause, a key component in the government’s judicial reforms. A number of petitions have been submitted to the court, demanding the abrogation of the government’s law. This is the first time in Israel’s history that the court has intervened in a basic law and it is still unclear whether the political echelon will accept the court’s ruling on what is effectively a part of the constitution.

The controversial hearing is set to pit the court against the political echelon, which has questioned the court’s ability to objectively provide overview on a matter which effects the limits of its own authority.

Justice Minister Yariv Levin, who is one of the architects of the judicial reform legislation, had previously refused to commit to respecting the court’s ruling. On Tuesday he argued in a social media post that the very fact that the hearing is taking place is a “severe blow to democracy.”

“The hearing taking place today in the Supreme Court, entirely without authority, is a severe blow to democracy and to the status of the Knesset. Supreme Court chief justices and justices across generations have all agreed—the people are the sovereign, and their will is expressed in the Basic Laws enacted by the Knesset.”

In stark contrast to Levin’s view, Attorney-General Gali Baharav-Miara refused even to represent the government in the case for the law, which constricts judicial oversight over government decisions. Baharav-Miara went as far as advising the court to abolish the law cancelling the reasonableness clause

She later explained her decision, saying this is an “exceptional case among exceptional cases” in which the Supreme Court should intervene in Basic Laws – Israel’s semi-constitutional framework.

Some government ministers have threatened Supreme Court justices and senior law officials in the lead-up to the historic hearing. Other members of the coalition have gone a step further and announced that the Knesset will not respect the court’s ruling, come what may, although three Likud ministers stressed this week that they would respect the ruling of the court.

The decision of the 15-member panel is not expected to be submitted for several weeks or even months but the hearing has generated interest due to the comments and questions of the judges which can indicate what they think of the petitions against the basic law.