Israel’s Supreme Court has struck down a key component of Benjamin Netanyahu’s controversial judicial overhaul, delivering a major setback to the prime minister’s agenda. The court ruled that a “stability clause” which would have delayed implementation of Supreme Court decisions striking down Knesset laws was unconstitutional.
Court Protects Its Powers
The 8-1 decision protects the Supreme Court’s ability to strike down laws it deems unconstitutional. Netanyahu’s allies had fast-tracked the judicial overhaul law last month to give legislators more power over judicial appointments and limit the court’s ability to review executive and legislative actions.
But the Supreme Court pushed back hard, with Chief Justice Esther Hayut writing that the court “cannot compromise on the basic condition for its existence as an independent body”. She said the overhaul law would have upended Israel’s system of checks and balances between branches of government.
The court’s decision is a significant blow to Netanyahu, who made the judicial overhaul a centerpiece of his recent coalition deal. It also comes as he faces heavy pressure over Israel’s military campaign in Gaza and struggles to pass a budget.
What Did the Law Do?
The overturned “stability clause” was seen as the most egregious element of Netanyahu’s judicial reform package. It would have delayed implementation of any Supreme Court decision to strike down a law for at least six months, and up to five years.
This would have allowed unconstitutional laws passed by Netanyahu’s parliamentary majority to remain in effect for extended periods, even after being overturned by the court. It raised concerns that the judiciary’s critical role as a check on government power was being eroded.
By striking down this clause 8-1, the Supreme Court asserted its authority over efforts to limit its oversight. Esther Hayut wrote that the stability clause “harms the constitutional fabric in a manner that prevents this court from protecting it”.
Wider Reform Package Still Intact
However, other elements of Netanyahu’s proposed judicial overhaul remain in place for now. These include provisions to increase political control over the committee that selects judges, and another clause that allows the Knesset to override Supreme Court decisions with a simple majority vote.
The court indicated that it would rule on these aspects of the reform at a later date. So while Netanyahu was dealt a major blow, his wider efforts to scale back judicial oversight of the government continue.
The justice minister flatly rejected the court’s decision, saying “We will reexamine the law and fix what needs fixing”. Several Likud lawmakers also vowed to advance new versions of the overturned stability clause.
So Netanyahu’s ambition to curb Supreme Court powers is far from dead. But the court has drawn a clear line in the sand on aspects it sees as direct threats to its constitutional authority.
Timing Adds Pressure on Bibi
The timing of this defeat piles even more pressure on the embattled Prime Minister. It comes as over 6 months of fighting between Israel and Palestinian militants in Gaza continues with no end in sight.
Israeli forces remain mired in a bloody stalemate, facing mounting criticism over civilian casualties and calls for investigations into possible war crimes. Netanyahu is struggling to justify the spiraling costs of the campaign amid no clear path to victory.
At the same time, he faces a budget crisis as tensions within his coalition boil over on economic policy. Netanyahu is stuck between rival factions making directly opposing demands on taxes, spending and deficit reduction. If no compromise deal is reached by March, Israel faces the prospect of yet another election re-run – the 5th in less than 3 years.
What Happens Next?
While this Supreme Court decision was an undeniable setback, Netanyahu shows no signs of backing down from his broader judicial overhaul agenda. He will likely push ahead with modified versions of the stability clause and other reforms.
However, having directly confronted the Supreme Court’s authority, he faces an uphill battle. Any further efforts to erode judicial oversight can expect challenges that may ultimately end up in front of the court again. Netanyahu will have to tread carefully to avoid Constitutional crises.
Politically, this defeat weakens Netanyahu’s position within his fractious coalition. Already under fire on multiple fronts, further policy setbacks could embolden rivals and threaten the stability of his narrow parliamentary majority. However, Netanyahu has proven remarkably resilient before, and still commands substantial loyalty amongst his base.
While delivering a victory for judicial independence, this ruling is unlikely to break Netanyahu’s determination or fundamentally resolve the deep national divides over constraints on government power. Those clashes are set to continue playing out over the coming months. But the Supreme Court has shown it retains real power to intervene when it perceives grave Constitutional threats from Netanyahu’s agenda.
Table 1: Key aspects of Netanyahu’s judicial overhaul
| Reform | Status |
|---|---|
| Stability clause delaying rulings | Struck down by Supreme Court |
| Expanded political control over judge selection | Still in place |
| Simple majority Knesset override of Court rulings | Still in place |
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