Israel’s Supreme Court Faces Momentous Case That Could Spark Constitutional Crisis
All 15 Supreme Court Justices to Hear Appeal Against Judicial Overhaul
On September 12, Israel’s Supreme Court will make history as all 15 of its justices gather to hear a case that could have far-reaching consequences for the court’s powers and potentially ignite a constitutional crisis. The diverse court, which includes secular liberals, religiously observant Jews, and conservative residents of Jewish settlements, will scrutinize an appeal against a judicial overhaul recently passed by the government. Many Israelis fear that the overhaul will weaken the court’s ability to check the current right-wing and religiously conservative government and undermine its independence. The case brings to light a showdown between the top judicial authority and the ruling coalition, with implications for Israeli democracy as a whole.
A Shift towards the Right
Over the years, the balance of the court has shifted towards a more right-wing, pro-settler, and nationalist perspective. Former Justice Minister Ayelet Shaked took steps during her tenure to diversify the Supreme Court and make it more conservative. Critics argue that the government’s proposed judicial legislation seeks to further tilt the court’s balance to the right and give the elected government more control over the selection of justices. The September hearing will determine whether the court accepts the curbing of its powers, potentially reshaping Israeli democracy.
Challenges to the Court
The court has faced scrutiny and criticism from the government, which portrays it as a secular, left-leaning elite out of touch with societal changes. However, experts argue that this characterization is outdated, as the court has become more diverse and transparent. Human rights lawyers emphasize the court’s importance as a defender of human rights in Israel, even as its rulings have become increasingly conservative. The court’s rulings have been a source of contention, with critics accusing it of avoiding explicit statements on the legality of Jewish settlements in occupied territories. Nevertheless, the court’s decisions have often aimed to protect individual property rights and maintain a delicate balance between different segments of Israeli society.
Potential Impact and Future Reforms
The September hearing holds considerable significance, as the court will be ruling on an amendment to one of Israel’s quasi-constitutional Basic Laws for the first time. The government and the court disagree on whether the court has the right to intervene in Basic Laws. Chief Justice Esther Hayut’s term is nearing its end, and the battle over the judicial overhaul plan is expected to be her final action. Over the next few years, several Supreme Court slots will open up, and the government aims to have more say in the selection process. Critics argue that this change would politicize the court and undermine the judiciary’s independence, potentially leading to an autocratic regime.
