Israel heads toward another milestone in the debate over the government's judicial reform, with the Supreme Court set to hear oral argument on a key set of petitions Tuesday.
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The petitions challenge legislation – an amendment to one of Israel's quasi-constitutional "basic laws" – passed by the Knesset in July. The amendment limits the courts' use of the "reasonableness" standard to overturn decisions by the government or ministers.
Proponents of the law argue the "reasonableness" standard gives unelected judges too much discretion to substitute their views for those of elected officials. The law's opponents – now challenging it in the high court – see the "reasonableness" standard as a key check on Israel's powerful executive branch.
The debate over this specific piece of legislation is part of the wider public debate over the Israeli government's moves to reshape the judiciary and alter the balance between the judiciary, on the one hand, and the legislature and executive branch, on the other.
Debate over the judiciary has become a proxy for an even higher-stakes battle over the balance of power in Israeli society.
As for Tuesday's hearing, the Supreme Court will convene a panel with all 15 high court justices, unusual in the Israeli system. Attorney General Gali Baharav-Miara – whose independence is guaranteed by Israeli law and practice – will not represent the government. That decision follows Baharav-Miara's announcement last week that she opposes the government's position – and supports the petitioners.
A ruling is not expected immediately and may be issued only in the coming months. Should the court side with petitioners and strike down the law, many in Israel fear a constitutional crisis could follow.
Some within the ruling Coalition have hinted the government should not follow an adverse court decision, setting up a clash between the government and the judiciary. Key state institutions – including Israel's powerful and highly-regarded security services – would then need to decide which side to follow.
With this as a backdrop, Prime Minister Benjamin Netanyahu is reportedly looking for a way out. Some reports indicate he continues to hold discussions with powerful Opposition lawmaker Benny Gantz in search of an agreed compromise.
Beyond that, Netanyahu is reportedly looking to an alternative, a unilateral compromise proposal in which the government publicly commits itself to limit legislation on the judicial reform.
With that unilateral move, Netanyahu would prevent a veto from Opposition lawmakers and hope to appeal to wider public opinion, to split the Opposition, and to soften pushback from key actors, such as credit rating agencies, the Biden administration, and – potentially – the Supreme Court itself.
That said, Netanyahu would embark on that move from a position of political weakness, and with the imperative to reach out to a wider public and to manage his hard-Right Coalition.
This article was first published by i24NEWS.
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