Draft Ruling Overturning Knesset Law Roils Politics Amid High Tensions

In an explosive revelation, a leaked draft ruling suggests the High Court of Justice is on the brink of striking down the government’s controversial “reasonableness law,” part of its sweeping judicial overhaul. The historic 15-justice panel is reportedly split 8-7 in favor of nullifying the law, Channel 12 news reported. If that happens, it would be the first instance of Israel’s top court invalidating a Bas0ic Law. There is no assurance that the government will allow the ruling to pass, setting the stage for a constitutional crisis the likes of which Israel has never seen.

The “reasonableness law” restricts courts from assessing government and ministerial decisions based on “reasonableness,” a judicial standard. Critics, including the petitioners and Attorney General Gali Baharav-Miara, argue it removes “crucial guardrails protecting Israeli democracy” and shifts the balance of power significantly towards the government. In contrast, proponents assert it prevents the court from overstepping its boundaries and interfering with policy decisions.

The Judicial Authority, responding to the leak, stated, “We view unauthorized leaks with great severity and will not comment on it. The ruling will be published after [the process of] writing it has been completed.” This statement highlights the judiciary’s concern over the breach and its commitment to procedural integrity.

Finance Minister Betsalel Smotrich has warned Hayut not to “dare” overturning a Basic Law, especially in wartime.

Former Chief Justice Esther Hayut, in her reported opinion, emphasized the gravity of the law, stating it “represents a deviation from the ‘outline constitution’ and therefore should have been passed with broad agreement, and not with an insubstantial coalition majority.” Justice Ofer Groskopf, aligning with the annulment, reportedly noted, “the demand to have the rule of law apply to them is at the heart of the imperative that no person be above the rule of law.” On the other side, conservative justice Yechiel Kasher is reported to have defended the Knesset’s authority, asserting, “the constitutional work of [passing] Basic Laws is under the authority of the Knesset and not of this court.”

The leak has drawn sharp criticism from coalition members, with MK Simcha Rothman describing the expected ruling as “an act of national irresponsibility,” which “changes the fundamental principles of the State of Israel by a razor-thin margin.” He called for the court to align with the “spirit of unity and responsibility” prevalent in the nation.

The Movement for Quality Government, one of the main petitioners, demanded a criminal investigation into the leak, condemning it as an attempt to “intimidate the justices and to affect their professional opinions,” branding it as “mafia-like, dangerous conduct.”

As Israel stands at a constitutional crossroads, the High Court’s impending decision carries immense weight. It will not only determine the fate of the reasonableness law but also set a precedent for a reconsideration of the judiciary’s role in overseeing the government’s actions. This ruling has the potential to reshape Israel’s legal and political landscape, reflecting deeper societal divisions and aspirations for its democratic future. If the government defies the High Court, no one knows what to expect.