Judgment Reviews Law at Israel
Israel's judicial review framework has undergone significant transformations in recent years, particularly through the 2023 judicial reforms. These changes have sparked intense debates about the balance of powers and the role of the judiciary in overseeing governmental actions.
⚖️ Judicial Review in Israel
Israel lacks a formal constitution; instead, it operates under a series of Basic Laws that function as constitutional principles. The Supreme Court serves as the High Court of Justice, holding the authority to review the constitutionality of laws and government actions. This power was solidified in the landmark 1995 Mizrahi Bank case, where the Court asserted its right to judicial review over Knesset legislation.
🔄 2023 Judicial Reforms
In July 2023, the Knesset enacted significant amendments to the Basic Law: The Judiciary, which curtailed certain aspects of judicial review
Abolition of the "Reasonableness" Standard:The law removed the "reasonableness" criterion as a basis for judicial review of government decisions, limiting the Court's ability to overturn actions deemed unreasonable
Restrictions on Judicial Review of Basic Laws:The reforms stipulated that the Supreme Court could not invalidate Basic Laws, thereby limiting its power to review constitutional amendments
Enhanced Government Influence in Judicial Appointments:The amendments altered the composition of the Judicial Selection Committee, increasing government representation and influence over judicial appointments
⚖️ Supreme Court's Response
In January 2024, the Supreme Court issued a landmark ruling
Upholding Judicial Review:The Court reaffirmed its authority to exercise judicial review over Knesset legislation, including Basic Laws, asserting that it could intervene in cases where the Knesset exceeds its constitutional authority
Restoring the "Reasonableness" Standard:The Court ruled that the abolition of the "reasonableness" standard was unconstitutional, thereby reinstating this criterion as a basis for judicial review
⚠️ Ongoing Tensions
Despite the Supreme Court's rulings, tensions persist between the judiciary and the executive
Political Pressure:In April 2025, Shin Bet chief Ronen Bar accused Prime Minister Benjamin Netanyahu of attempting to dismiss him for refusing to comply with politically motivated requests, including surveilling anti-government protesters and interfering in Netanyahu's corruption trial
Public Protests:the judicial reforms and subsequent events have led to widespread protests, with citizens expressing concerns over the erosion of democratic checks and balances
In summary, Israel's judicial review system has been significantly impacted by recent reforms that have altered the balance of power between the judiciary and the executive While the Supreme Court has reaffirmed its authority in certain areas, ongoing political tensions and public protests indicate that the debate over judicial independence and oversight remains a critical issue in Israeli governance
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